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Court limits police power over smartphone access

Dated: June 4, 2019 by Sharyl Attkisson 2 Comments

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iPhone with TouchID fingerprint scanner
Photo by Kelvinsong

A recent court ruling in Idaho finds police cannot conduct a forensic search on a phone by ordering the owner to unlock the phone using his fingerprint.

Judge Ronald E. Bush ruled that such an order would violate individual's Fifth Amendment right against self-incrimination. According to court documents, the case involved an unnamed individual under investigation for possible possession of child pornography.

Police reportedly seized a Google Pixel 3 XL from the home of a suspect, but could not access the data and wanted to force the suspect to unlock the phone using his or her fingerprint.

Judge Bush's ruling saying that should not be permitted comes on the heels of a related ruling in California.

Read more in Forbes.

Fight improper government surveillance. Support Attkisson v. DOJ and FBI over the government computer intrusions of Attkisson's work while she was a CBS News investigative correspondent. Visit the Attkisson Fourth Amendment Litigation Fund. Click here.


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Sharyl Attkisson

About Sharyl Attkisson

Emmy-Award Winning Investigative Journalist, New York Times Best Selling Author, Host of Sinclair's Full Measure

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Comments

  1. AvatarWilliam M Smith says

    June 5, 2019 at 7:21 am

    I wonder how this jibes with forced breathalyzer tests and other biometrics?

    Reply

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