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

iPhone 17 Pro 34ths Perspective

iPhone 17 Pro Launching Later This Year With These 10 New Features

Sunday March 23, 2025 10:00 am PDT 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. Below, we recap key changes rumored for the iPhone 17 Pro models as of March 2025: Aluminum frame: iPhone 17 Pro models are rumored to have an aluminum frame, whereas the iPhone 15 Pro and iPhone 16 Pro models have a titanium frame, and the iPhone ...
Generic iOS 18

iOS 18.4 Coming Soon With These New Features for Your iPhone

Tuesday March 25, 2025 6:45 am PDT by
Apple is expected to release iOS 18.4 to the general public as soon as next week, following more than a month of beta testing. Apple's website says some iOS 18.4 features will be released in "early April," so the update should be out as early as Tuesday, April 1. Apple this week seeded the iOS 18.4 Release Candidate, which is typically the final beta version, barring the discovery of any...
ios 19 messages app

Here's What Apple's iOS 19 Messages App Might Look Like

Tuesday March 25, 2025 11:52 am PDT by
Leaker Jon Prosser today shared a mockup of what he says the Messages app will look like in iOS 19, demoing an interface with rounded, translucent bubble-shaped navigation buttons at the top and softer, rounder corners for the keyboard and word suggestions. Jon Prosser's Messages app mockup The return button, a button for going back to the Messages list, and the FaceTime button have a deeper...
iCloud General Feature Redux

iPhone Users Who Pay for iCloud Storage Receive a New Perk

Thursday March 20, 2025 12:01 am PDT by
If you pay for iCloud storage on your iPhone, Apple has a new perk for you, at no additional cost. The new perk is the ability to create invitations in the Apple Invites app for the iPhone, which launched in the App Store last month. In the Apple Invites app, iCloud+ subscribers can create invitations for any occasion, such as birthday parties, graduations, baby showers, and more. Anyone ...
airpods max 2024 colors

Don't Buy Into Apple's Hype About AirPods Max Gaining Lossless Audio

Monday March 24, 2025 4:24 pm PDT by
Apple today announced that AirPods Max with a USB-C port will be gaining support for lossless audio and ultra-low latency audio with a firmware update next month, alongside the release of iOS 18.4, iPadOS 18.4, and macOS 15.4. For context, audio files are typically compressed to keep file sizes smaller. There are lossy compression standards like MP3 and AAC (Advanced Audio Codec), which...
macbook pro blue green

When Will Apple Release the M5 MacBook Pro?

Wednesday March 26, 2025 4:53 pm PDT by
Apple regularly refreshes the MacBook Pro models, and a new version that uses M5 series chips is in the works. Apple just finished refreshing most of the Mac lineup with M4 chips, and now it's time for the M5. Rumors suggest that we could see the first M5 MacBook Pro models this fall. Design There have been no rumors of a design update for the M5 MacBook Pro models that are coming this...
Apple Lumon Terminal Pro

Apple's Mac Site Features Fictional 'Lumon Terminal Pro'

Wednesday March 26, 2025 12:19 pm PDT by
Apple is going all out with promotions for the popular Severance Apple TV+ show today, and as of right now, you'll find a new "Lumon Terminal Pro" listed on Apple's Mac site. The Lumon Terminal Pro is designed to look similar to the machines that Severance employees like Mark S. and Helly R. use for macrodata refinement. The Terminal features a blue keyboard, a small display with wide...
Generic iOS 19 Feature Mock

Gurman: Jon Prosser's iOS 19 Mockups 'Aren't Representative' of Redesign

Tuesday March 25, 2025 4:47 pm PDT by
The iOS 19 mockup images that leaker Jon Prosser shared today are not representative of the actual iOS 19 design, Bloomberg's Mark Gurman said on social media. According to Gurman, the images that are "floating around" are based on "very old builds" or "vague descriptions," and are lacking key features. Gurman says that we can "expect more from Apple in June." Gurman made the same comment ...

Top Rated Comments

flash84x Avatar
136 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
136 months ago
*attempts 10 times with an unregistered finger*
*device auto-wipes*
Score: 89 Votes (Like | Disagree)
flash84x Avatar
136 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
136 months ago
Easy: don't break the law.

Aw, you're so cute.
Score: 74 Votes (Like | Disagree)
deannnnn Avatar
136 months ago
Easy: don't break the law.
Score: 56 Votes (Like | Disagree)
flash84x Avatar
136 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)