What do you think about it? Under what circumstances does utilizing a fingerprint to access an
Question:
What do you think about it?
Under what circumstances does utilizing a fingerprint to access an electronic device a violate the Fifth Amendment?
The Fifth Amendment provides that no person "shall be compelled in any criminal case to be a witness against himself". A compelled act may be testimonial and in violation of an individual's right against self-incrimination where the act implicitly concedes that the incriminating evidence exist and are in the possession or control of the individual.
In In re Application for a Search Warrant (2017), the government sought a warrant to compel individuals to unlock Apple devices using their fingerprints. The court ruled that the purpose of fingerprint utilization for unlocking devices was not intended to grant the government access to personal and intimate information stored on phones. Consequently, such compulsion was found to be incompatible with the protections of the Fifth Amendment. Similarly, in the case In Re Single-Family Home & Attached Garage (2017), it was determined that fingerprints used as passwords possess testimonial qualities and should be protected under the Fifth Amendment.
In In re Search of a Residence in Oakland (2019), the government sought a warrant to have Apple devices unlocked using fingerprints from everyone present during the search, although they had two identified suspects. Here, the Court found that the Fifth Amendment does not compel production of a passcode. More so, since a person cannot be compelled to submit a passcode because it is testimonial in nature, then a person cannot be compelled to provide a fingerprint or other biometric data either.
Thus, compelling an individual to provide a fingerprint to unlock devices in order for the government to search for incriminating evidence is a violation of the Fifth Amendment, since it is self-incriminating.
Foundations of Financial Management
ISBN: 978-1259024979
10th Canadian edition
Authors: Stanley Block, Geoffrey Hirt, Bartley Danielsen, Doug Short, Michael Perretta