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A pesky little thing called The Fifth Amendment.
by dreadlordbone 5y ago
A pesky little thing called The Fifth Amendment.
- function_seven 5y agoSo what is the distinction between the following scenarios: 1. Checking to see if your fingerprint matches the pattern left on the stolen painting. 2. Checking to see if your DNA matches the DNA left under the victim's fingernails. 3. Checking to see if your face matches the face pattern stored on the laptop recovered during a search of your premises. 4. Checking to see if your fingerprint matches the pattern left in the Secure Enclave of the phone that was located near the scene of the crime via phone company records and GPS. These scenarios are all slightly different. I'm not saying this is or is not a 5th Amendment issue. Would really like to get a legal argument on the important distinction between #1/2 and #3/4.
- jjeaff 5y agoI thinks it's likely that you could "check to see if your fingerprint matches the one in your phone". But that is totally different than using your fingerprint to unlock the device and then take information off the device to prosecute you. However, it has been found a few times that biometrics aren't really protected. But in many cases a password can be. Because you can't be compelled to incriminate yourself with your own testimony per the 5th amendment.
- SAI_Peregrinus 5y agoNone of those involve self-incrimination, so I don't think any of them are protected under the 5th amendment. They're all just comparing physical evidence to the suspect's physical traits.