Can I Be Forced to Unlock My Phone for the Police?

 Posted on August 29, 2024 in Criminal Law

A recent federal ruling declaring the legality of police forcing suspects to unlock their phones using a thumbprint scan raises interesting questions about criminal procedures and self-incrimination. The police are authorized to make you use your biometrics so they can access your phone, even if there is potentially incriminating information on it. If you are suspected of committing a crime, speak with a knowledgeable DuPage County, IL criminal defense lawyer to understand your rights and how this ruling might affect you.

Under What Circumstances Can Police Force Me to Unlock My Phone?

The Fifth Amendment in the Constitution is one of the most invoked amendments by defendants in court cases because it states that no one can be forced to incriminate themself. If you know that an answer to a question you are asked under oath can make you appear guilty, you can "plead the fifth" and refrain from answering.

However, there are limits to the amendment. The law distinguishes between types of information you can and cannot be forced to give to the police, as follows:

• Testimonial acts: Disclosing information that reveals your knowledge is protected by the Fifth Amendment. If asked for this information, you can plead the fifth and not be forced to answer.
• Nontestimonial acts: Doing something that does not disclose your knowledge. Nontestimonial acts that might incriminate you include submitting to blood, urine, or DNA tests, standing in a police lineup, or having your photograph taken. These actions do not force you to share your knowledge. Pleading the fifth does not protect you against needing to comply when asked to perform nontestimonial acts.

The federal ruling allowing the police to force you to unlock your phone with a thumbprint hinges on this distinction. Providing the pattern lock or passcode to your phone would be a testimonial act because the passcode or pattern is the knowledge that you have in your mind. Using your thumbprint is nontestimonial because it is not something you know but something that exists, similar to a DNA test.

Schedule a Free Consultation with a DuPage County, IL Criminal Defense Lawyer

The law is constantly developing to meet the demands of evolving technology. If you are questioned as part of a criminal investigation, speak with a seasoned Wheaton, IL criminal defense attorney to understand your rights as a suspect. At Davi Law Group, LLC, we believe that knowledge is power and we are dedicated to helping our clients make informed decisions about when they need to comply with police demands and when they can refuse. Call us at 630-580-6373 to schedule a free consultation.