Fingerprints Not Protected

our fingerprint is not protected under the 5th amendment, so police in the US can force you to unlock a phone with a fingerprint, but not a password - from 2014, those tiny skin ridges we all share were at the heart of a Virginia court case last week in which a judge ruled that police, who suspected there was incriminating evidence on a suspect’s smartphone, could legally force the man to unlock his device with its fingerprint scanner. While the Fifth Amendment protects defendants from revealing their numeric passcodes, which would be considered a self-incriminating testimonial, biometrics like fingerprint scans fall outside the law’s scope.

“If you are being forced to divulge something that you know, that’s not okay,” said Marcia Hofmann, an attorney and special counsel to digital rights group Electronic Frontier Foundation. “If the government is able through other means to collect evidence that just exists, then they certainly can do that without stepping on the toes of the constitutional protection.” “The important thing is,” Hofmann said, “is it something you know, or something you have?”