US District Court of California rules that police can not force people to unlock a mobile phone with their face or finger

January 17, 2019 |

A judge of the United States District Court, Northern District of California denied an application for a search warrant as it related to requiring a person to open a phone by use of biometric means or swiping a finger over the phone.

The court stated:

  • the warrant is overbroad as it seeks to compel “any individual, who is found at the Subject Premises and reasonably believed by law enforcement to be a user of the device, to unlock the device using8 biometric features….” as there are 2 suspects but the request is not limited to a particular person or device.
  • that “The challenge facing the courts is that technology is outpacing the law.”

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