Ruling: Thumbprint scan is like a "blood draw or fingerprint taken at booking."

The legal situation is more complex and nuanced than the headline implies, so the article is worth reading. This adds another ruling to the confusing case history regarding forced biometric unlocking.

It’ll be interesting to see if it applies to facial recognition. In iOS, at least, you need to look at the phone to unlock it. That’s an intentional action. If you look to the side or close your eyes, it won’t work.

So if you’re conscious, you can’t easily be forced to unlock the phone with your face and eyes if you’re able to resist. But if you’re unconscious, then maybe they could use your face (assuming your eyes aren’t rolled back into your head because the cops gave you brain damage.)

But you can be easily tricked. Even easier than with the fingerprint.

“Hey, can you look at those pictures?”, shows some printed out pictures with the phone hiding behind and then quickly just dropping the pictures.

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then quickly just dropping the pictures

Could even poke a camera-sized hole in the picture. And disguise it by putting that hole over something similarly-coloured.

But anyway, but of it is really that you can be held in contempt for refusing to unlock with biometrics, if they’ve got an appropriate warrant.

Probably a “have a look at this” and the 2 seconds before you realize that you are currently unlocking your phone, would be enough.

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