Re:Feds Can't Force You to Unlock Your iPhone with Finger or...
by mcv on Tuesday January 15, 2019 @09:20AM
(#18911235)
The article is quite clear about that differentiation:
"the judge wrote that fingerprints and face scans were not the same as “physical evidence” when considered in a context where those body features would be used to unlock a phone."
(Emphasis mine.)
It's the context of using those body features to unlock a phone, that makes them testimonial rather than physical evidence. Outside that context, they can still be physical evidence.
But does that mean the police can't use physical evidence to unlock your phone? I don't know if it's possible to get a fingerprint from a glass and use that to unlock a phone, but if it was, would that still be legal? What about if someone wrote their password on a note?
"the judge wrote that fingerprints and face scans were not the same as “physical evidence” when considered in a context where those body features would be used to unlock a phone."
(Emphasis mine.)
It's the context of using those body features to unlock a phone, that makes them testimonial rather than physical evidence. Outside that context, they can still be physical evidence.
But does that mean the police can't use physical evidence to unlock your phone? I don't know if it's possible to get a fingerprint from a glass and use that to unlock a phone, but if it was, would that still be legal? What about if someone wrote their password on a note?