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

airpods 4 blue

Apple Finally Explains How to Install New Firmware on Your AirPods

Monday January 27, 2025 11:17 am PST by
Apple regularly releases new firmware for the AirPods, AirPods Pro, and AirPods Max, but the company has historically provided limited information on how to initiate an update. That changed today, and Apple updated its AirPods firmware support page with more specific instructions. Prior to today, here's what Apple said on the subject: Firmware updates are delivered automatically while your...
iPhone 17 Pro Dual Tone Horizontal 1

iPhone 17 Pro Launching This Year With These 8 New Features

Tuesday January 28, 2025 11:48 am PST by
While the iPhone 17 Pro and iPhone 17 Pro Max are not expected to launch until September, there are already plenty of rumors about the devices. iPhone 17 Pro concept based on rumors Below, we recap key changes rumored for the iPhone 17 Pro models as of January 2025: More aluminum: iPhone 17 Pro models are rumored to have an aluminum frame, whereas the iPhone 15 Pro and iPhone 16 Pro models ...
iOS 18

iOS 18.3 Available as Soon as Today With These New Features

Monday January 27, 2025 6:35 am PST by
Update: Apple has released iOS 18.3. In its press release unveiling a new Black Unity Sport Loop for the Apple Watch today, Apple confirmed that iOS 18.3 is "upcoming." According to Bloomberg's Mark Gurman, Apple Stores are being instructed to update the software on demo devices today, so iOS 18.3 should be released either today or within the next few days. Below, we recap everything new...
tvOS 18 Thumb 3

Apple Releases tvOS 18.3

Monday January 27, 2025 10:00 am PST by
Apple today released tvOS 18.3, the newest version of the tvOS 18 operating system that came out in September. tvOS 18.3 comes more than a month after Apple released tvOS 18.2, and it is available for the Apple TV 4K and the Apple TV HD models. tvOS 18.3 can be downloaded using the Settings app on the ‌Apple TV‌. Open up Settings and go to System > Software Update to get the new software....
iOS 18

Apple Releases iOS 18.3 With Visual Intelligence and Notification Summary Improvements

Monday January 27, 2025 10:04 am PST by
Apple today released iOS 18.3 and iPadOS 18.3, the third major updates to the iOS 18 and iPadOS 18 software that came out last year. iOS 18.3 and iPadOS 18.3 come six weeks after Apple released iOS 18.2 and iPadOS 18.2. 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 iPadOS 17.7.4 for...
M6 MacBook Pro Feature 1

5 Reasons to Wait for Next Year's MacBook Pro

Monday January 27, 2025 4:25 am PST by
Apple in October 2024 overhauled its 14-inch and 16-inch MacBook Pro models, adding M4, M4 Pro, and M4 Max chips, Thunderbolt 5 ports on higher-end models, display changes, and more. That's quite a lot of updates in one go, but if you think this means a further major refresh for the MacBook Pro is now several years away, think again. Bloomberg's Mark Gurman has said he expects only a small...
ipad january sale

Amazon's New iPad Sale Has Up to $300 Off M4 iPad Pro, M2 iPad Air, and iPad Mini 7

Tuesday January 28, 2025 7:32 am PST by
Today we're tracking a few iPad discounts on Amazon, including the new iPad mini 7, M2 iPad Air, and M4 iPad Pro. These deals include multiple all-time low prices on Apple's tablets, matching the prices we tracked over the holiday season in many cases. Note: MacRumors is an affiliate partner with Amazon. When you click a link and make a purchase, we may receive a small payment, which helps us...

Top Rated Comments

flash84x Avatar
134 months ago
So if you get arrested, turn off your phone. It requires a passcode after a reboot.
Score: 115 Votes (Like | Disagree)
farewelwilliams Avatar
134 months ago
*attempts 10 times with an unregistered finger*
*device auto-wipes*
Score: 89 Votes (Like | Disagree)
flash84x Avatar
134 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
134 months ago
Easy: don't break the law.

Aw, you're so cute.
Score: 74 Votes (Like | Disagree)
deannnnn Avatar
134 months ago
Easy: don't break the law.
Score: 56 Votes (Like | Disagree)
flash84x Avatar
134 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)