Court Rules Police Can Force Users to Unlock iPhones With Fingerprints, But Not Passcodes
A Circuit Court judge in Virginia has ruled that fingerprints are not protected by the Fifth Amendment, a decision that has clear privacy implications for fingerprint-protected devices like newer iPhones and iPads.
According to Judge Steven C. Fucci, while a criminal defendant can't be compelled to hand over a passcode to police officers for the purpose of unlocking a cellular device, law enforcement officials can compel a defendant to give up a fingerprint.
The Fifth Amendment states that "no person shall be compelled in any criminal case to be a witness against himself," which protects memorized information like passwords and passcodes, but it does not extend to fingerprints in the eyes of the law, as speculated by Wired last year.
Judge Steven C. Frucci ruled this week that giving police a fingerprint is akin to providing a DNA or handwriting sample or an actual key, which the law permits. A pass code, though, requires the defendant to divulge knowledge, which the law protects against, according to Frucci's written opinion.
The ruling stemmed from a case involving David Baust, who was accused of strangling his girlfriend. Prosecutors believed Baust may have stored video of the attack on his phone, and requested that the judge force him to unlock it. If protected by a passcode, Baust will not be required to unlock his phone under the Fifth Amendment, but if protected with a fingerprint, he could potentially be forced to unlock the device.
If Baust's phone is an iPhone that's equipped with Touch ID, it's very likely that it will be passcode locked at this point and thus protected by law. Touch ID requires a passcode after 48 hours of disuse, a restart, or three failed fingerprint entry attempts, and the device has probably been in police custody for quite some time. It is unclear if the judge's ruling will have an impact on future cases involving cellular devices protected with fingerprint sensors, as it could be overturned by an appeal or a higher court.
Popular Stories
The upcoming iOS 26.1 update includes a handful of new features and changes for iPhones, including a toggle for changing the appearance of the Liquid Glass design, "slide to stop" for alarms in the Clock app, and more.
Below, we outline key details about iOS 26.1.
Release Date
Given that Apple has yet to seed an iOS 26.1 Release Candidate, which is typically the final beta version, the...
Apple Maps could feature integrated ads as soon as next year, Bloomberg's Mark Gurman reports.
In his latest "Power On" newsletter, Gurman said that Apple's plan to bring more ads to iOS is moving "gaining traction," with the Maps app being next in line. The project will apparently give restaurants and other businesses the option to pay to have their details featured more prominently in...
Apple is designing an updated version of the Apple TV 4K, and rumors suggest that it could come out sometime in the next couple of months. We're not expecting a major overhaul with design changes, but even a simple chip upgrade will bring major improvements to Apple's set-top box.
Subscribe to the MacRumors YouTube channel for more videos.
We've rounded up all the latest Apple TV rumors.
...
In the fourth iOS 26.1 beta, Apple added a "Tinted" option that reduces the translucency of Liquid Glass for those who prefer a more opaque look. I saw some comments wondering whether the setting might preserve battery life, so I thought I'd do some testing.
Test Settings
I did four separate tests using the iPhone 17 Pro Max, and I kept the parameters as similar as possible. Here are the...
Apple this month refreshed the 14-inch MacBook Pro base model with its new M5 chip, and higher-end 14-inch and 16-inch MacBook Pro models with M5 Pro and M5 Max chips are expected to follow in early 2026. However, these machines will represent the final update to the current design, with Apple reportedly developing a completely new version of the MacBook Pro packed with next-generation hardware...
The upcoming iOS 26.1 update includes a handful of new features and changes for iPhones, including a toggle for changing the appearance of the Liquid Glass design, "slide to stop" for alarms in the Clock app, and more.
iOS 26.1 is currently in beta testing. The update will likely be released in the first half of November, and it is compatible with the iPhone 11 series and newer, but some...
Apple today provided developers and public beta testers with the release candidate versions of upcoming iOS 26.1, iPadOS 26.1, macOS Tahoe 26.1, tvOS 26.1, watchOS 26.1, and visionOS 26.1 updates for testing purposes. The RCs betas come a week after Apple released the fourth betas.
The new betas can be downloaded from the Settings app on a compatible device by going to General > Software...
The first preview release of the Swift SDK for Android was published this week, allowing developers to build Android apps in Swift with official tooling and making it easier to share code across iOS and Android.
The SDK enables Android apps to be built in Swift using officially supported tooling rather than community workarounds. In June, it was announced that Apple's Swift programming...
Apple is about to drop iOS 26.1, the first major point release since iOS 26 was rolled out in September, and there are at least six notable changes and improvements to look forward to. We've rounded them up below.
Apple has already provided developers and public beta testers with the release candidate version of iOS 26.1, which means Apple will likely roll out the update to all compatible...