Court Rules Police Can Force Users to Unlock iPhones With Fingerprints, But Not Passcodes

iphone_5s_touch_idA 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

Apple Announces Special Event in New York Feature

Apple Announces Special Event in New York, London, and Shanghai on March 4

Monday February 16, 2026 6:05 am PST by
Apple today announced a "special Apple Experience" in New York, London, and Shanghai, taking place on March 4, 2026 at 9:00am ET. Apple invited select members of the media to the event in three major cities around the world. It is simply described as a "special Apple Experience," and there is no further information about what it may entail. The invitation features a 3D Apple logo design...
M3 iPad Air

Apple's Next Two Products Are Coming Soon

Thursday February 12, 2026 11:17 am PST by
Apple plans to release an iPhone 17e and an iPad Air with an M4 chip "in the coming weeks," according to the latest word from Bloomberg's Mark Gurman. "Apple retail employees say that inventory of the iPhone 16e has basically dried out and the iPad Air is seeing shortages as well," said Gurman. "I've been expecting new versions of both (iPhone 17e and M4 iPad Air) in the coming weeks."...
iphone 17 pro dark blue 1

Gurman: iPhone 18 Pro Could Be Underwhelming

Monday February 16, 2026 4:24 am PST by
Apple's upcoming iPhone 18 Pro and iPhone 18 Pro Max models "won't be a big update," according to Bloomberg's Mark Gurman. In the latest edition of his "Power On" newsletter, Gurman said that the iPhone 18 Pro models will "represent minor tweaks from last year's iPhone 17 Pro and 17 Pro Max." He compared the upgrade to Apple's past practice of appending the letter "S" to its more minor...
Apple Announces Special Event in New York Feature 1

Apple Event on March 4: Here's What to Expect

Tuesday February 17, 2026 8:08 am PST by
Apple on Monday invited selected journalists and content creators to a "special Apple Experience" on Wednesday, March 4 in New York, London, and Shanghai. At an Apple Experience, attendees are typically given the opportunity to try out Apple's latest hardware or software. Following the launch of Apple Creator Studio last month, for example, some content creators attended an Apple Experience...
Coffee Burgundy and Purple iPhone 18 Pro Mock

Five iPhone 18 Pro Features Revealed in New Report

Friday February 13, 2026 8:43 am PST by
While the iPhone 18 Pro and iPhone 18 Pro Max are still seven months away, an analyst has revealed five new features the devices will allegedly have. Rumored color options for the iPhone 18 Pro models In a research note with investment firm GF Securities on Thursday, analyst Jeff Pu outlined the following upgrades for the iPhone 18 Pro models: Smaller Dynamic Island: It has been rumored...

Top Rated Comments

148 months ago
So if you get arrested, turn off your phone. It requires a passcode after a reboot.
Score: 115 Votes (Like | Disagree)
148 months ago
*attempts 10 times with an unregistered finger*
*device auto-wipes*
Score: 89 Votes (Like | Disagree)
148 months ago
Apple should let us enroll a "distress finger". So that when it is used it wipes the device.
Score: 75 Votes (Like | Disagree)
larrylaffer Avatar
148 months ago
Easy: don't break the law.

Aw, you're so cute.
Score: 74 Votes (Like | Disagree)
deannnnn Avatar
148 months ago
Easy: don't break the law.
Score: 56 Votes (Like | Disagree)
148 months ago
Yet another reason to not buy a device with Touch ID...

That's a stupid reason. You can always opt to not use it if you're this paranoid.
Score: 53 Votes (Like | Disagree)