Cops can force suspect to unlock phone with thumbprint, US court rules: The US Constitution's Fifth Amendment protection against self-incrimination does not prohibit police officers from forcing a suspect to unlock a phone with a thumbprint scan, a federal appeals court ruled yesterday. [...]
Judges rejected his claim, holding "that the compelled use of Payne's thumb to unlock his phone required no cognitive exertion, placing it firmly in the same category as a blood draw or fingerprint taken at booking."
"When Officer Coddington used Payne's thumb to unlock his phone -- which he could have accomplished even if Payne had been unconscious -- he did not intrude on the contents of Payne's mind," the court also said. [...]
Payne conceded that "the use of biometrics to open an electronic device is akin to providing a physical key to a safe" but argued it is still a testimonial act because it "simultaneously confirm[s] ownership and authentication of its contents," the court said.
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