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
Barclays analyst Tom O'Malley and his colleagues recently traveled to Asia to meet with various electronics manufacturers and suppliers. In a research note this week, outlining key takeaways from the trip, the analysts said they have "confirmed" that a fourth-generation iPhone SE with an Apple-designed 5G modem is slated to launch towards the end of the first quarter next year. In line with previo...
AT&T has begun displaying "Turbo" in the iPhone carrier label for customers subscribed to its premium network prioritization service, according to reports on Reddit. The new indicator seems to have started appearing after users updated to iOS 18.1.1, but that could be just coincidence.
Image credit: Reddit user No_Highlight7476
The Turbo feature provides enhanced network performance through ...
Apple today released iOS 18.1.1 and iPadOS 18.1.1, minor updates to the iOS 18 and iPadOS 18 operating systems that debuted earlier in September. iOS 18.1.1 and iPadOS 18.1.1 come three weeks after the launch of iOS 18.1.
The new software can be downloaded on eligible iPhones and iPads over-the-air by going to Settings > General > Software Update. Apple has also released iOS 17.7.2 for...
Anker today kicked off its big Black Friday sale, which is set to run through December 9. This sale includes notable discounts on portable chargers, USB-C hubs, cables, and more.
Note: MacRumors is an affiliate partner with Anker. When you click a link and make a purchase, we may receive a small payment, which helps us keep the site running.
There are a few bonus offers during this event as ...
Apple has partnered with select merchants to offer Apple Card users three percent Daily Cash back on their purchases, and two new companies were added to the partner list today. When purchasing goods and services from Booking.com and ChargePoint, Apple Card users will now get more cash back.
Booking.com is a site for reserving flights, cars, cruises, and hotels, while ChargePoint sells...
Apple's annual four-day Black Friday through Cyber Monday shopping event is returning on Friday, November 29 through Monday, December 2 in many countries, including the U.S., Canada, Australia, France, Germany, Italy, Spain, the U.K., and others. During the event, customers can get an Apple gift card with the purchase of an eligible product.
In the U.S., for instance, Apple is including gift ...
Apple released the AirTag in April 2021, so it is now three over and a half years old. While the AirTag has not received any hardware updates since then, a new version of the item tracking accessory is rumored to be in development.
Below, we recap rumors about a second-generation AirTag.
Timing
Apple is aiming to release a new AirTag in mid-2025, according to Bloomberg's Mark Gurman....
The iOS 18.1.1, iPadOS 18.1.1, and macOS Sequoia 15.1.1 updates that Apple released today address JavaScriptCore and WebKit vulnerabilities that Apple says have been actively exploited on some devices.
With the JavaScriptCore vulnerability, processing maliciously crafted web content could lead to arbitrary code execution. The WebKit vulnerability had the same issue with maliciously crafted...
