The laws vary from state to state, and I am not a lawyer. But in general, I think it works like this. Things like your fingerprints, face, retina, etc, identify you. In many states, if the cops ask for your identification you are required to give it to them, and they are allowed to force the issue. Things like passwords, access to the interior of your home or vehicle, access to your business files, and things like that are not your identity and normally require a judge to sign a warrant (unless there are “extenuating circumstances”).
Personally, I think the forcing you to unlock your phone without a warrant is bullshit, especially since they have the upper hand anyway. And the phone isn’t going anywhere and neither are you. In most cases they have plenty of time to get a warrant.
This is why everyone should go into their phone settings and enable the lockdown mode option if it’s avaialbe. When I get pulled over I hold the power button and choose lockdown mode and then the only thing that will unlock the phone is my password. But my camera still works.
If your phone doesn’t have the option, just restart your phone. There’s a reason phones require the password and not biometrics on startup.
My house key identifies me almost as well as my license. Seems like if they can use my thumb to unlock and enter my phone they could use my house key to unlock and enter my house.
I guess the distinction might be: your fingerprints are physical attributes of your physical person. Your house & house key are objects / property owned by you.
Things like passwords, access to the interior of your home or vehicle, access to your business files, and things like that are not your identity and normally require a judge to sign a warrant
This is exactly it. If I get arrested and they confiscate my house keys as part of entering jail, they don’t have automatic implicit permission to search my house.
And I don’t understand how this is not a better analogy for phones. Why doesn’t the contents of my phone have the same legal protection as the contents of my house? You may confiscate my key but I do not permit. If you have good reason and sufficient reason, do the damn paperwork and get a judge to sign off
The laws vary from state to state, and I am not a lawyer. But in general, I think it works like this. Things like your fingerprints, face, retina, etc, identify you. In many states, if the cops ask for your identification you are required to give it to them, and they are allowed to force the issue. Things like passwords, access to the interior of your home or vehicle, access to your business files, and things like that are not your identity and normally require a judge to sign a warrant (unless there are “extenuating circumstances”).
Personally, I think the forcing you to unlock your phone without a warrant is bullshit, especially since they have the upper hand anyway. And the phone isn’t going anywhere and neither are you. In most cases they have plenty of time to get a warrant.
This is why everyone should go into their phone settings and enable the lockdown mode option if it’s avaialbe. When I get pulled over I hold the power button and choose lockdown mode and then the only thing that will unlock the phone is my password. But my camera still works.
If your phone doesn’t have the option, just restart your phone. There’s a reason phones require the password and not biometrics on startup.
My house key identifies me almost as well as my license. Seems like if they can use my thumb to unlock and enter my phone they could use my house key to unlock and enter my house.
I guess the distinction might be: your fingerprints are physical attributes of your physical person. Your house & house key are objects / property owned by you.
So if you have a fingerprint smart lock cops don’t need a warent to enter your house?
A phone is also property owned by you. Or by the company you work for, so it’s not even yours.
This is exactly it. If I get arrested and they confiscate my house keys as part of entering jail, they don’t have automatic implicit permission to search my house.
And I don’t understand how this is not a better analogy for phones. Why doesn’t the contents of my phone have the same legal protection as the contents of my house? You may confiscate my key but I do not permit. If you have good reason and sufficient reason, do the damn paperwork and get a judge to sign off