Posted on 05/09/2016 12:39:28 PM PDT by Swordmaker
She said that at a speech in Buffalo.
That has already been ruled on. Judges can order you to reveal something in your mind but you are not required to testify against yourself.
Political Junkie Too wrote: “In that case, they already have the weapon with the fingerprint on it, so they have reasonable cause to ask for the person’s fingerprint.”
Why do they have reasonable cause to ask for a specific person’s fingerprint? Just because there is a print on a handgun? Why John Doe’s print? Why not Edward John’s print? Can the police just stop random people and make them give a print?
Sheesh, these people!!
If they say they can force you to give a fingerprint to unlock the phone, there goes the fingerprint as your password - or any other biometric form of ID.
You analogized a gun with fingerprints. In the case of the phone, that it was the suspect's phone is not in doubt. So the analogy assumes that the gun with the fingerprint belongs to the person being asked to provide a fingerprint, same as with the phone.
Now, do the police have probable cause to ask the owner of a gun to provide a fingerprint to match one found on a gun? I think so, at the very least to rule out the owner as the last to touch the gun.
Now let's change the hypothetical slightly. The owner of a gun already has fingerprints on file from the purchase of the gun, so the police would already have checked that without the gun owner's involvement. So let's say the the gun was found in the possession of someone else. Do the police have probable cause to ask the possessor of a gun to provide a fingerprint to match one found on a gun? Again, I think so.
This would not be a random person stopped on the street, - would be someone found in the vicinity of the gun/phone, with a probable connection to it.
Finally, checking a fingerprint on a gun does nothing to alter the state of the gun, but swiping the fingerprint on the phone changes the state of the phone.
-PJ
Just remember the iPhone 5C is the only one they CAN unlock without your cooperation.
Can the court compel you to provide a combination to a safe found in your home? There is some dicta that says that a court can compel you to provide a key to a lockbox and that is somehow different from compelling you to provide a combination. IOW, this conversation is not about what the law says but about what the law should be.
How does touch ID work if your calling 911 for an ambulance after the accident, and your hands are covered with blood?
If there is a search warrant, I would say they can ask you to open the safe or take the safe until they can open it. I would be surprised to find that by putting something in a safe, you can prevent the police from carrying out a lawful court order.
-PJ
You don't. You say "Hey Siri, call 911!" . . . I posted a thread where a smashed iPhone with the screen detached still worked for that last week.
Eh. Cut off the finger. Use while still fresh. Problem solved/s
Wait - you used Siri to call 911 just because your iPhone broke?!
I quit using touch ID and use a really long passcode (to prevent the sort of brute force attack made possible by 3rd party on San Bernardino phone)
Some difference in opinion on that. One court has ruled that they can make you provide a physical key to a lockbox but there is some dispute over whether a court can compel you to provide a memorized combination.
http://blogs.denverpost.com/crime/2012/01/05/why-criminals-should-always-use-combination-safes/3343/
Personally, I don’t think the distinction between a combination and a key will stand. I also believe that the courts will rule that you can be compelled to unlock your electronic records through a court order. You won’t be compelled to identify what the records are or why they might or might not be relevant but you would have to provide access.
Quite so. I fully intend to upgrade my phone prior to any planned nefarious activities.
Seriously, there is no, and can be no, easy way to data security. But with minimal guidance, even an ordinary person can make their data so secure that it is not worth the effort to break through it.
You always have the option of removing your finger and sending it to the Feds in case they ever want it. They have a great big freezer.
I think virtually every state requires a thumb print be included on your driving license.
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