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OT Lawyers - IPhone Face ID and police?

Posted on 12/27/19 at 2:26 pm
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
20405 posts
Posted on 12/27/19 at 2:26 pm
The issue of police demanding a passcode has been litigated in most jurisdictions but has anyone heard of a case involving Facial Recognition software?

I am curious if there has been a case where the police have held an iPhone up to a suspects face in order to unlock it and/or required a suspect to unlock with their face via warrant.
Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 12/27/19 at 2:33 pm to
This is why I don't use facial recognition on my phone.

Much cheaper than litigating all the way to a court of appeals or god forbid the Supreme Court.
Posted by TigersSEC2010
Warren, Michigan
Member since Jan 2010
38535 posts
Posted on 12/27/19 at 2:33 pm to
I'm sure if you dig deep enough you'll find a case or two somewhere in the country. I think most agencies are too scared of litigation to be that bold.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
20405 posts
Posted on 12/27/19 at 2:48 pm to
quote:

This is why I don't use facial recognition on my phone.


I originally activated it wearing my glasses thinking I could subvert any attempts to use it when I wasn’t wearing them. Then they built software that compensates for that issue.
Posted by Dizz
Member since May 2008
16220 posts
Posted on 12/27/19 at 2:53 pm to
I think because facial recognition is passive and you don't have to do anything it would be ok. I think courts have ruled that you cannot force someone to use their finger to unlock the phone because they actually have to take an action.
Posted by KamaCausey_LSU
Member since Apr 2013
17854 posts
Posted on 12/27/19 at 3:08 pm to
Does Face ID work with your eyes closed?
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
20405 posts
Posted on 12/27/19 at 3:12 pm to
quote:

Does Face ID work with your eyes closed?


Yes. Tried that to fool it. Didn’t work.
Posted by Hunter_H_Helmsley
Member since Feb 2019
112 posts
Posted on 12/27/19 at 3:28 pm to
Biometrics are not protected under the fifth amendment because large points of entry, casinos and hotels already can pay for software that scans your face with their security cameras.

So use a pin code always because it is assumed that you could use it for personal finances therefore it is protected under your fifth amendment rights.

Lesson is don't use any biometrics to authenticate in anything you have nefarious shite in. also don't be nefarious frick and you never have to worry.
Posted by papasmurf1269
Hells Pass
Member since Apr 2005
21468 posts
Posted on 12/27/19 at 3:35 pm to
quote:

am curious if there has been a case where the police have held an iPhone up to a suspects face in order to unlock it and/or required a suspect to unlock with their face via warrant.
It’s far as an iPhone goes if you don’t have your eyes open facial recognition won’t work.ETA just tried it and it appears I may have been wrong.
This post was edited on 12/27/19 at 3:37 pm
Posted by Willie Stroker
Member since Sep 2008
17185 posts
Posted on 12/27/19 at 3:38 pm to
quote:


This is why I don't use facial recognition on my phone

What kind of shenanigans are you getting into where you might want to “protect” yourself from law enforcement needing to access your phone for evidence?

Dick pics?
Upskirts?

It’s ok to confess here. You’re completely anonymous.
Posted by SEClint
New Orleans, LA/Portland, OR
Member since Nov 2006
49487 posts
Posted on 12/27/19 at 3:39 pm to
quote:

my glasses



4 eyes
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
20405 posts
Posted on 12/27/19 at 4:06 pm to
Just old man readers.
Posted by Boston911
Lafayette
Member since Dec 2013
2599 posts
Posted on 12/27/19 at 4:13 pm to
What if you make a really distorted face, does it recognize that? IDK of any cop that could force you to make a normal looking face
Posted by SEClint
New Orleans, LA/Portland, OR
Member since Nov 2006
49487 posts
Posted on 12/27/19 at 4:16 pm to
lol I'm sorry, I'm just screwing with you
Posted by Whodisbe
Member since Jan 2019
144 posts
Posted on 12/27/19 at 7:05 pm to
Press the side button 5 times rapidly. Then face id wont work
Posted by xxGEAUXxx
minneapolis
Member since Dec 2012
1347 posts
Posted on 12/27/19 at 7:32 pm to
Easy way to prevent LEO’s to look at your phone. Don’t do anything illegal.
Posted by DayBowBow
Member since Jun 2011
5060 posts
Posted on 12/27/19 at 7:42 pm to
quote:

Yes. Tried that to fool it. Didn’t work.


If you have Face ID set up correctly it won’t unlock even if you’re not looking directly at it. Either it recognized you before you closed your eyes or you don’t have it set up to require your attention.
Posted by Modern
Fiddy Men
Member since May 2011
17025 posts
Posted on 12/27/19 at 8:18 pm to
quote:

Easy way to prevent LEO’s to look at your phone. Don’t do anything illegal.


Ok boot licker......
Posted by ForeverGator
Elite 8 - 2020 Worst SECRant Poster
Member since Nov 2012
14399 posts
Posted on 12/27/19 at 8:20 pm to
Don’t do illegal things and this will never happen to you.

Posted by Unknown_Poster
Member since Jun 2013
5758 posts
Posted on 12/27/19 at 8:23 pm to
I mean... it's not like that would stop them. The ol' 'Oh, I ran the guy's license plate and it turned up stolen/unregistered but when I went to confirm later it was a-okay' trick is widely used by Louisiana law enforcement to stop vehicles where there would otherwise be no reasonable suspicion. Not much of a stretch for 'Oh, I guess the guy looked at his phone by accident and we just found it unlocked' trick to be added to the repertoire.
This post was edited on 12/27/19 at 8:24 pm
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