A contempt charge wouldn't hold any more (probably), but there's probably another charge that would apply, like spoliation of evidence [sorry, realized that you mentioned that charge further down in your comment].
> It sounds to me like fingerprint authentication is not something a criminal should use if they don't want to get caught.
True.
> Imagine the criminal held down the power off button for three seconds then swiped, is that a crime?
It's also not normally a crime for her to mutilate her thumb or for me to wave a knife around if I believe I'm alone and don't intend to harm anyone. Motive and context matter.
> but then again how is not giving a passcode not considered spoliation?
The act of making the fingerprint unusable would be the spoliation, I suppose. Not giving the passcode would be protected under the 5th.
Sounds like intent to harm oneself, which gets one locked up in the loony bin until one demonstrates oneself to be of sound mind.
It sounds to me like fingerprint authentication is not something a criminal should use if they don't want to get caught. Apparently a passcode is protected under the Fifth Amendment but not a fingerprint. [1]
But it's ridiculous really. All that a criminal needs to do is restart their phone to prevent their fingerprint from being used. And there are good reasons for doing so other than to escape incrimination! And that can be done from the lock screen... Imagine the criminal held down the power off button for three seconds then swiped, is that a crime? Perhaps that falls under spoliation of evidence, but then again how is not giving a passcode not considered spoliation?
Apple should require a user configurable timeout for requiring of a passcode. I'm sure it normally takes more than two hours to interview and charge someone.
1. http://www.macrumors.com/2014/10/31/fingerprints-not-protect...