re: 9th Circuit rules Cops can force you to use fingerprint to unlock phone

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They should at least be required to obtain a warrant first.

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Also an interesting question, but under the Fourth Amendment. As I recall, the defendant did not raise that issue in this case because it dealt with a parole violation or something of the sort..

IMO, if the state does not obtain such a warrant first, this is probably the better argument. The problem (for a defendant) is that it is not difficult to obtain that warrant, and the data on the phone is not going to be changing n the short time it takes to do so. The state takes a few hours (or days) to get the warrant, then they put your thumb on the pad or flash the camera at your face. Voila, they are in.

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They should at least be required to obtain a warrant first.

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It is a two-step process.

First, is law enforcement entitled to see the contents of your phone? That is a Fourth Amendment issue.

Second, if so, are you required to “assist” them in gaining access TO your phone. That is a Fifth Amendment issue.

Because this appeal relates to a parolee, only issue two was in play in this case.