The U.S. Court of Appeals issued a federal ruling recently that affirmed it is legal for the police to force a suspect to use their thumbprint scan to unlock their smartphone. The ruling means that the police have the legal authority to force you to use your biometric data to open a device that could potentially have incriminating information against you. This could have a major impact on criminal procedures. If you are arrested or brought into the station on suspicion of a crime, speak with a skilled Elgin, IL criminal defense attorney to understand how this can affect you.
When Can the Police Make Me Unlock My Phone?
You may have heard people on TV shows and in movies saying that they “plead the fifth” in court. That is because the Fifth Amendment in the Constitution says that you cannot be forced to be a witness against yourself and you are protected against incriminating yourself. If you are asked a question under oath and an honest response to that question would incriminate you, you can “plead the fifth” and not be forced to answer.