Court Rules Police Can Force Users to Unlock iPhones With Fingerprints, But Not Passcodes - MacRumors
Skip to Content

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 Card iPhone 16 Pro Feature

Apple Card Promo to Offer Free AirPods Pro 3

Friday May 15, 2026 8:59 am PDT by
Starting as early as next week, customers who sign up for an Apple Card at Apple's retail stores in the U.S. will receive $249 cash back when they purchase AirPods Pro 3, according to Bloomberg's Mark Gurman. The promotion has yet to be officially announced by Apple, so exact terms and conditions are not available at this time. AirPods Pro 3 are priced at $249 in the U.S., so customers who...
airpods pro 3 pink

New Apple Card Holders Can Get Free AirPods Pro 3, But There's a Catch

Monday May 18, 2026 8:11 am PDT by
Apple today launched a new promotion offering new Apple Card holders the chance to earn back the cost of AirPods Pro 3 through monthly cash rebates, but there is a recurring spend requirement attached. Customers who open a new Apple Card account and purchase AirPods Pro 3 directly from Apple by June 15 will qualify. Starting July 1 and running through April 30, 2027, cardholders can earn $25 ...
wwdc apple park in person

Apple Announces WWDC 2026 Schedule, Sends Media Invites

Monday May 18, 2026 10:23 am PDT by
Apple today provided a schedule for its 2026 Worldwide Developers Conference, which starts on June 8 and ends on June 12. Apple also sent out invites to members of the media who have been invited to attend an in-person keynote viewing at Apple Park. Both the invites and schedule confirm that the keynote will begin at the standard time, 10:00 a.m. Pacific Time or 1:00 p.m Eastern Time....

Top Rated Comments

151 months ago
So if you get arrested, turn off your phone. It requires a passcode after a reboot.
Score: 115 Votes (Like | Disagree)
151 months ago
*attempts 10 times with an unregistered finger*
*device auto-wipes*
Score: 89 Votes (Like | Disagree)
151 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
151 months ago
Easy: don't break the law.

Aw, you're so cute.
Score: 74 Votes (Like | Disagree)
deannnnn Avatar
151 months ago
Easy: don't break the law.
Score: 56 Votes (Like | Disagree)
151 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)