Virginia Court Rules Police Can Demand Suspects To Unlock Their Phones With A Fingerprint

14 replies
  • OFF TOPIC
  • |
This ruling stems from a case earlier this year where a man was charged with strangling his girlfriend. Law enforcement were adamant about the fact that video of the argument that preceded the physical fight could be found on the phone. It's not entirely clear if the charged man was securing his phone with a fingerprint, but nonetheless, it's led to this.
Maybe a good reason NOT to use fingerprint identification on your smartphone.

Virginia Court Rules Police Can Demand Suspects To Unlock Their Phones With A Fingerprint - HotHardware

Joe Mobley
  • Profile picture of the author ThomM
    Using your same quote.
    This ruling stems from a case earlier this year where a man was charged with strangling his girlfriend. Law enforcement were adamant about the fact that video of the argument that preceded the physical fight could be found on the phone. It's not entirely clear if the charged man was securing his phone with a fingerprint, but nonetheless, it's led to this.
    That sounds like the police believed there was evidence pertaining to the arrest on the phone which password or fingerprint I think he would be required to turn it over.
    What I wonder is how this will pertain to someone getting stopped at a dwi or inspection checkpoint (the two favorites here in NY). Can they be forced to unlock their phone only if it's secured by a finger print?
    Signature

    Life: Nature's way of keeping meat fresh
    Getting old ain't for sissy's
    As you are I was, as I am you will be
    You can't fix stupid, but you can always out smart it.

    {{ DiscussionBoard.errors[9638988].message }}
  • Profile picture of the author Paul Myers
    Thom,

    Not the passcode. Not without a warrant at least, and possibly not even then.


    Paul
    Signature
    .
    Stop by Paul's Pub - my little hangout on Facebook.

    {{ DiscussionBoard.errors[9639076].message }}
    • Profile picture of the author ThomM
      Originally Posted by Paul Myers View Post

      Thom,

      Not the passcode. Not without a warrant at least, and possibly not even then.


      Paul
      That's what I figured with the pass code Paul.
      But it seems the fingerprint is a different ball of wax.
      Signature

      Life: Nature's way of keeping meat fresh
      Getting old ain't for sissy's
      As you are I was, as I am you will be
      You can't fix stupid, but you can always out smart it.

      {{ DiscussionBoard.errors[9639989].message }}
  • Profile picture of the author HeySal
    Just another reason to not have cell phones. How many is that now? About a dozen?
    Signature

    Sal
    When the Roads and Paths end, learn to guide yourself through the wilderness
    Beyond the Path

    {{ DiscussionBoard.errors[9639082].message }}
  • Profile picture of the author sbucciarel
    Banned
    I would avoid using the fingerprint ID on a cellphone then. Make them get a court order if they want to look at my phone. Of course, I don't even really lock my phone and don't engage in criminal activities, so it's all just talk. lol.
    {{ DiscussionBoard.errors[9640054].message }}
    • Profile picture of the author ThomM
      Originally Posted by sbucciarel View Post

      I would avoid using the fingerprint ID on a cellphone then. Make them get a court order if they want to look at my phone. Of course, I don't even really lock my phone and don't engage in criminal activities, so it's all just talk. lol.
      I don't lock my phone either. In fact I still use a dumb phone. ATT has been trying to get me to upgrade since my contract expired in March of 2013, but all they offer me is smart phones
      I'll go back to a home phone on a land line before I get one of those.
      Signature

      Life: Nature's way of keeping meat fresh
      Getting old ain't for sissy's
      As you are I was, as I am you will be
      You can't fix stupid, but you can always out smart it.

      {{ DiscussionBoard.errors[9640070].message }}
      • Profile picture of the author sbucciarel
        Banned
        Originally Posted by ThomM View Post

        I don't lock my phone either. In fact I still use a dumb phone. ATT has been trying to get me to upgrade since my contract expired in March of 2013, but all they offer me is smart phones
        I'll go back to a home phone on a land line before I get one of those.
        I still have a landline and prefer it for all of my phone calls. I only have the Droid to tether to my computer for Internet access. Out here in the boonies, it works better than dialup by a long shot and satellite was one big, expensive failure thanks to ScrewsNet.

        So I get both alarmed and irritated when someone actually calls me on the cellphone. lol.
        {{ DiscussionBoard.errors[9640087].message }}
      • Profile picture of the author MissTerraK
        Originally Posted by ThomM View Post

        I don't lock my phone either. In fact I still use a dumb phone. ATT has been trying to get me to upgrade since my contract expired in March of 2013, but all they offer me is smart phones
        I'll go back to a home phone on a land line before I get one of those.

        Thom,

        If it helps at all, I have discovered that a smartphone is only as smart as it's user. My kids got me one for my birthday because I hate texting. I'd rather talk, but they'd rather text. This thing has a feature where I can touch the microphone and just talk my text. So in essence, mine's still a techytard/dumb phone.

        By the way, that talk your text feature isn't all it's cracked up to be.

        We were all to meet at a new restaurant downtown Clarkston this past summer for my youngest grandson's 2nd birthday. My in-laws were up from Florida and they and hubby and I were the first to arrive. The place was noisy as heck. My daughter texted me and wanted to know if we were there yet as they were running a little late.

        I meant to text her back with that talk feature, this: We are here but they won't let us in until the whole party is here.

        What the message was, I discovered after I hit send, was this: We are here but they won't let asses party here.


        Terra
        {{ DiscussionBoard.errors[9640315].message }}
        • Profile picture of the author ThomM
          Originally Posted by MissTerraK View Post

          Thom,

          If it helps at all, I have discovered that a smartphone is only as smart as it's user. My kids got me one for my birthday because I hate texting. I'd rather talk, but they'd rather text. This thing has a feature where I can touch the microphone and just talk my text. So in essence, mine's still a techytard/dumb phone.

          By the way, that talk your text feature isn't all it's cracked up to be.

          We were all to meet at a new restaurant downtown Clarkston this past summer for my youngest grandson's 2nd birthday. My in-laws were up from Florida and they and hubby and I were the first to arrive. The place was noisy as heck. My daughter texted me and wanted to know if we were there yet as they were running a little late.

          I meant to text her back with that talk feature, this: We are here but they won't let us in until the whole party is here.

          What the message was, I discovered after I hit send, was this: We are here but they won't let asses party here.


          Terra
          That's part of it right there Terra. I don't need another piece of equipment reminding me that I'm not as smart as I think I am.
          I also don't have a need to be always connected. I do a little texting but It's just as likely I'll call you back if you text me. I have a data blocker on my phone so I can't even receive pictures.
          I will admit though that the Internet is something that I don't want to do without.
          Signature

          Life: Nature's way of keeping meat fresh
          Getting old ain't for sissy's
          As you are I was, as I am you will be
          You can't fix stupid, but you can always out smart it.

          {{ DiscussionBoard.errors[9640423].message }}
          • Profile picture of the author MissTerraK
            Originally Posted by ThomM View Post

            That's part of it right there Terra. I don't need another piece of equipment reminding me that I'm not as smart as I think I am.
            I also don't have a need to be always connected. I do a little texting but It's just as likely I'll call you back if you text me. I have a data blocker on my phone so I can't even receive pictures.
            I will admit though that the Internet is something that I don't want to do without.
            That's funny, the last thing I ever will do on my phone is get on the internet. That's the thing I don't want to be connected to all of the time, lol!

            I think we're different shades of "always connected".


            Terra
            {{ DiscussionBoard.errors[9640430].message }}
      • Profile picture of the author yukon
        Banned
        Originally Posted by ThomM View Post

        I don't lock my phone either. In fact I still use a dumb phone. ATT has been trying to get me to upgrade since my contract expired in March of 2013, but all they offer me is smart phones
        I'll go back to a home phone on a land line before I get one of those.
        Try Straight Talk.
        • Free disposable phone (new phone each month If you want, same number If you want)
        • No contract
        • Uses major cell carrier towers (Verizon, etc...)
        • Unlimited text/web/talk ($45 month)

        You can buy min. at local Walmart or online at Straight Talk.
        {{ DiscussionBoard.errors[9642062].message }}
        • Profile picture of the author ThomM
          Originally Posted by yukon View Post

          Try Straight Talk.
          • Free disposable phone (new phone each month If you want, same number If you want)
          • No contract
          • Uses major cell carrier towers (Verizon, etc...)
          • Unlimited text/web/talk ($45 month)

          You can buy min. at local Walmart or online at Straight Talk.
          That's one of the options I've been looking into.
          The only problem with that plan is I'd be paying for stuff I don't want like the unlimited web.
          Signature

          Life: Nature's way of keeping meat fresh
          Getting old ain't for sissy's
          As you are I was, as I am you will be
          You can't fix stupid, but you can always out smart it.

          {{ DiscussionBoard.errors[9642116].message }}
  • Profile picture of the author Alex Blades
    So does this mean the police will be allowed to go into buildings that use finger prints or face recognition, to "look for evidence?

    Nothing more than the police over stepping their limits. Without a warrant, I am not unlocking anything. The judge in Virginia just opened the door for evidence to be dismissed.

    My phone is always unlocked, but I don't even allow the police to search my car without a warrant. I got pulled over for the license plate light being out, and noticed that the police are getting nosier and nosier. "Can I search your car?, HELL NO!!!" "CAN I SEARCH YOUR POLICE CRUISER???"

    I love and respect police officers, but there are some that do nothing but look for trouble. If you need to get into someone's phone, you hold them there and get a warrant. This just gives police an excuse to go through everyone's phone.
    Signature
    " I knew that if I failed, I wouldn't regret that.
    But I knew the one thing I might regret is not ever having tried. "

    ~ Jeff Bezos

    {{ DiscussionBoard.errors[9640296].message }}
    • Profile picture of the author seasoned
      Originally Posted by Alex Blades View Post

      So does this mean the police will be allowed to go into buildings that use finger prints or face recognition, to "look for evidence?

      Nothing more than the police over stepping their limits. Without a warrant, I am not unlocking anything. The judge in Virginia just opened the door for evidence to be dismissed.

      My phone is always unlocked, but I don't even allow the police to search my car without a warrant. I got pulled over for the license plate light being out, and noticed that the police are getting nosier and nosier. "Can I search your car?, HELL NO!!!" "CAN I SEARCH YOUR POLICE CRUISER???"

      I love and respect police officers, but there are some that do nothing but look for trouble. If you need to get into someone's phone, you hold them there and get a warrant. This just gives police an excuse to go through everyone's phone.
      GOOD POINT! The constitution ITSELF says that a person shall NOT be compelled to testify against themselves. It ALSO says that a person shall NOT be subject to unreasonable searches and seizure! MIRANDA says as much!

      Well, we have computers and NOW they are SO tiny that they are in phones AND, to make them more useful, have lots of neat features. People have come to RELY on them. To a degree, they are an EXTENSION of, and even a REPLACEMENT for part of a persons mind! They are like the scifi cyborg, the ONLY part missing is the direct brain interface! They are AKIN to the idea of "Johnny Mnemonic".

      OK, OK, there is no secret control, so we use passwords or biometrics. We have, according to ANOTHER law going back in the US to the VERY FOUNDING, an "EXPECTATION OF PRIVACY"!!!!!

      Well, NOW, we are to reveal an ID method, to have the phone use our own words against us! It VIOLATES the EOP, the 1st amendment, 4th amendment, 5th amendment, and a couple others!

      If they can, in effect, go into our very BRAINS, why would they be denied access to property? WHY? Because it violates the 4th? Because it violates the 5th? OK, then throw the PHONE out ALSO! And what if that bionic interface WERE created? Are we then going to have a part of our brain that, though electronic, IS used as if it were a part of the brain we were born with, may be forced to testify against us?

      And you think DRONES are bad?

      AND, lest ANYONE think I am making too much of this, look at the available apps sometime. Some people may have their contacts, appointments, diet, schedule, etc... on their phone. This is a motherload of information that, in the wrong hands, could destroy your life. Some people could make the cleanest person seem to be the devil incarnate. Police HAVE been known to develop theories to match such info, and they are often wrong and admit it years or DECADES later after the victim is dead or had their whole life made a shambles.

      Steve
      {{ DiscussionBoard.errors[9642271].message }}

Trending Topics