Thursday, February 1, 2018 [Tweets] [Favorites]

Touch ID and the Fifth Amendment

Tim Cushing:

The US Supreme Court hasn’t seen a case involving compelled production of fingerprints land on its desk yet and there’s very little in the way of federal court decisions to provide guidance. What we have to work with is scattered state court decisions and the implicit understanding that no matter how judges rule, a refusal to turn over a fingerprint or a password is little more than a way to add years to an eventual sentence.

The Minnesota Supreme Court has issued the final word on fingerprints and the Fifth Amendment for state residents. In upholding the appeals court ruling, the Supreme Court says a fingerprint isn’t testimonial, even if it results in the production of evidence used against the defendant.)

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