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re: 9th Circuit rules Cops can force you to use fingerprint to unlock phone
Posted on 4/19/24 at 3:18 pm to imjustafatkid
Posted on 4/19/24 at 3:18 pm to imjustafatkid
quote: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..
They should at least be required to obtain a warrant first.
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.
This post was edited on 4/19/24 at 3:24 pm
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