Va. Judge Rules Suspects Required to Unlock Phones Using Fingerprint

A Virginia Circuit Court judge ruled last week that police officers cannot force criminal defendants to unlock their phones using a preset pass code, but they can force defendants to unlock their phones using a fingerprint scanner.

Virginia Beach Circuit Court Judge Steven Frucci issued the ruling last Tuesday in the case of emergency-medical-services captain David Baust, who is accused of attempting to strangle his girlfriend, The Virginia-Pilot reports. Police issued a search warrant for Baust’s phone in order to search for video evidence against him, but Baust refused, citing the Fifth Amendment and his right to protect his privacy.

The ruling establishes the argument that pass codes are covered by the Fifth Amendment, which protects defendants from self-incrimination. Fingerprints and other biometric information, on the other hand, are considered outside the scope of the Fifth Amendment since they are more akin to a DNA sample or a physical key, Frucci explained.

If upheld by other courts, the ruling could affect the way companies incorporate fingerprint scanners into their devices. Apple introduced fingerprint scanners in its iPhone 5S last year and Samsung included them in the company’s Galaxy S5 earlier this year.