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by aorth 3432 days ago
The takeaway for me: US law enforcement can compel you to provide a fingerprint to unlock your phone, but cannot compel you to provide a password.

In particular, a recent precedent-setting court case in Minnesota has decided that fingerprints used for access control can be taken from a suspect without violating his fifth amendment rights. The logic of the decision [...] is that fingerprints are tantamount to similar evidence that is taken from suspects in the course of an investigation such as blood samples, handwriting samples, voice recordings, etc., all of which have been deemed by the Supreme Court to not be protected under the Fifth Amendment.

2 comments

> US law enforcement can compel you to provide a fingerprint to unlock your phone, but cannot compel you to provide a password.

This may be true for normal law enforcement, but if you're at (or perhaps near) the border, the rules are different.

It's been pointed out recently that "near the border" is "100 miles from the border" and the coastline counts as border, so the rules are different for most places in the USA where people actually live.
IIRC, the border is also defined as any airport which receives international flights.

Of course, in practice the border definition isn't actually used in this fashion (that has been made public), but the potential does seem to exist.

so why isn't there a feature for a duress fingerprint? all it does it turn the phone off or force the password required?