Forbes:
A California judge has ruled that American cops can’t force people to unlock a mobile phone with their face or finger. The ruling goes further to protect people’s private lives from government searches than any before and is being hailed as a potentially landmark decision.
Judge Westmore declared that the government did not have the right, even with a warrant, to force suspects to incriminate themselves by unlocking their devices with their biological features. Previously, courts had decided biometric features, unlike passcodes, were not “testimonial.” That was because a suspect would have to willingly and verbally give up a passcode, which is not the case with biometrics. A password was therefore deemed testimony, but body parts were not, and so not granted Fifth Amendment protections against self-incrimination.
This feels like a ruling that might make its way to the US Supreme Court.
Even if the final ruling turns out to be the same as this one, it’s hard to believe the police won’t get away with doing it anyway and just being sneakier about reporting the data on the phone.
It’s what they’ve historically done.