Many of you likely got a new smart phone over the holidays. Almost all of us lock our smartphones for privacy reasons but did you know that how you unlock your phone can possibly impact whether or not law enforcement officers can compel you to unlock your phone?
The question of whether cops can force you to unlock your phone hinges on 5th Amendment protections against self-incrimination. No one “shall be compelled in any criminal case to be a witness against” themselves.
Court are ruling that your fingerprints and face are not protected under the 5th Amendment and police officers can compel you to unlock your phone with your fingerprint or face. However, as a general rule, you cannot be compelled to give your password. This does not mean the government cannot access the information on your phone in other ways and there are exceptions to your 5th Amendment rights. It should also be noted that the law on this is still developing in the courts and absent a ruling from the Supreme Court, the law may vary from state to state.
However, until there is a more definitive ruling by the courts, if you’re worried about privacy on your smartphone, put a strong, 6-digit passcode on it and forgo fingerprint or facial recognition on it.
Horman Nichols, LLC 