Posted on 10/31/2014 10:15:10 PM PDT by Reno89519
A Circuit Court judge has ruled that a criminal defendant can be compelled to give up his fingerprint, but not his pass code, to allow police to open and search his cellphone.
The question of whether a phone's pass code is constitutionally protected surfaced in the case of David Baust, an Emergency Medical Services captain charged in February with trying to strangle his girlfriend.
Prosecutors had said video equipment in Baust's bedroom may have recorded the couple's fight and, if so, the video could be on his cellphone. They wanted a judge to force Baust to unlock his phone, but Baust's attorney, James Broccoletti, argued pass codes are protected by the Fifth Amendment, which prohibits forced self-incrimination.
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.
Broccoletti called Frucci's ruling on target. The law is clear about fingerprints, he said, and the judge saw his point about pass codes.
Macie Pridgen, a spokeswoman for the Commonwealth's Attorney's Office, said prosecutors still are considering whether to appeal.
Neither said they knew whether Baust's phone can be opened with just a fingerprint. Pridgen said prosecutors are having a detective look into it, and Broccoletti said Baust's phone could be encrypted twice - with both a fingerprint and a pass code. If so, it would remain locked under Frucci's ruling.
Here’s more:
http://www.macrumors.com/2014/10/31/fingerprints-not-protected-by-fifth-amendment/
Ridiculous ruling. Guess we should skip fingerprint passcodes until some a higher court or maybe Congress reverses this idiocy.
I hate these black-robed tyrants.
Can you be compelled to give up the combination to your safe?
Just a question.
Jeez. The constitution was murdered when the Supreme Court upheld that random police stops didn’t violate the 4th Amendment. We’ve been rearranging the deck chairs on the Titanic ever since.
Jeez. The constitution was murdered when the Supreme Court upheld that random police automobile stops didn’t violate the 4th Amendment. We’ve been rearranging the deck chairs on the Titanic ever since.
Short of a court order, I would think not. But I would think the same would be true of a passcode or fingerprint lock. But not so in Virginia. Wonder if any other courts have made similar ruling?
I had a similar discussion earlier with one of my adult daughters while she was driving her car with the family as passengers. She was talking about an event in the past where she was caught up in a random checkpoint, forced to get out and walk a line and take a breathalyzer test. Of course she didn't drink and was cleared to leave. I asked if there was any suspicion of wrong-doing, she said no, they just pulled her over at random. I told her it was unconstitutional. To ask if she is being detained or free to go. If detained, she has legal rights to refuse if no evidence of wrongdoing. Told her cops are militarized and murdering our constitutional rights.
Give us the combination or we destroy the safe to get inside.
There are a bunch of YouTube videos by people at check points exercising their rights. Some are pretty funny.
remember them when cwii occurs.
no, a combo is a code, requires knowledge.
Most people would set up a way to use a password, as a backup method.
I’m even more satisfied with my iPhone 5C purchase today than I was when I bought it...
Simple, turn off or reboot your iPhone...iOS & iPhone require the passcode after a reboot...then the fingerprint comes into play after that. Not sure what the current Android procedure is. Also, for an earlier poster...emergency 911 calls can be made w/o logging in (special “Emergency Call” button).
“Suppose you have a phone that you have to use a fingerprint to use. Now, suppose you burn your hand on something, and your fingerprint is damaged. How do you call 911? “
My iPhone has both. If my fingerprint doesn’t work for some reason, I simply use the passcode. In fact, it requires that I use the passcode once every couple of days.
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