Virginia Court Rules Police Can Force You to Unlock Your Phone With Fingerprint

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Posted October 31, 2014 at 9:16pm by iClarified Staff

A circuit court judge in Virginia has ruled that a defendant can be compelled to give up their fingerprint to allow police to search through their phone; however, passcodes are still protected by law.

Judge Steven C. Frucci ruled this week that giving police a fingerprint is akin to providing a DNA or handwriting sample or an actual key, which the law permits. A pass code, though, requires the defendant to divulge knowledge, which the law protects against, according to Frucci's written opinion.

David Baust was accused of strangling his wife and prosecutors believed he had incriminating footage on the device. If Baust had a passcode on his device, he would have been protected; however, if he had used a fingerprint to unlock the device, police could have forced him to unlock the phone.

If Baust had an iPhone, he had to have had a passcode enabled as well, which would protect him under the law. A passcode on the iPhone is required after every reboot, 48 hours, or three-failed attempts at using the fingerprint sensor.

At the time it is unclear if this decision will have any privacy and security implications on most popular smartphones such as the iPhone 5s and iPhone 6 having Touch ID, a fingerprint sensor

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Virginia Court Rules Police Can Force You to Unlock Your Phone With Fingerprint

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odedoo1 - November 3, 2014 at 4:32pm

It just shows that Apple security is better then ever, they decided that even if the government will ask for a bypass, not to put one and this way they won't have the dilemma of saying yes or no because there is none.

Dyac - November 2, 2014 at 1:02pm

It's called democracy

Tech Jedi - November 1, 2014 at 3:13pm

CORRECTION: David Baust charged for felony strangulation of girlfriend that is still alive. He just choked her. He had charges dismissed in court in April 2014 and now she claims he recorded it on his phone. So, they want him to allow access to his phone in October 2014. If he recorded it, he deleted it. Weak case.

Bugged Out - October 31, 2014 at 11:36pm

Isn't Virginia the state with draconian speeding laws....jail time for 20 mpg over or something?

vanimox - October 31, 2014 at 11:02pm

Unbelievable, this is really a gray area of the law. I bet the EFF will be getting involved in this.

JuggaloRazzamy - October 31, 2014 at 10:15pm

Here's 2 tips: #1 Do not break the law, #2 If you break the law do not store evidence of your crime on phone - or anywhere!

Jan - October 31, 2014 at 9:48pm

Well there you go.. Just turn off the option for "fingerprint" and turn on option for code to unlock.. There's your workaround if the law states unlock by fingerprint..

iAmMe - November 1, 2014 at 3:18am

A paranoia If you are planning to break any law.

AppleGuy299 - October 31, 2014 at 9:44pm

But the fingerprint is just another way to enter a passcode

stevenlacross - October 31, 2014 at 9:33pm

Well now I have to turn off unlock using my fingerprint and only use my passcode to unlock

Jackson Browne - October 31, 2014 at 9:38pm

Not really. Just use the wrong finger three times and then it will only unlock with the passcode.

Jackson Browne - October 31, 2014 at 9:39pm

Some might even suggest you give them the middle finger (three times).

Jackson Browne - October 31, 2014 at 9:29pm

Bizarre decision given the mechanics of an iPhone fingerprint/passcode lock.

zetaprime - October 31, 2014 at 9:32pm

That's only a decision by one court in one state. It could easily be overturned.