12 January 2017

Thumbs Not Recommended

Warning: I'm not a criminal defense lawyer nor do I teach Criminal Procedure. Just sayin'

For anyone concerned about personal privacy, don't use your thumb print to unlock your cellphone. So far it seems that courts will order you to unlock your cellphone with your thumb (because your thumbprint is not "testimonial") but will not order you to divulge a numeric unlock code (because compelling speech is a form of testimony that is protected by the Fifth Amendment).

(H/T to a faculty candidate.)

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