this post was submitted on 19 Jun 2024
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Yeah, unfortunately, this isn't a new thing, just upholding the old standard. I explicitly avoid fingerprint and face recognition features because of this. Your fingerprint and your face are legally considered what you are, so things like 5th amendment right to avoid self incrimination don't apply, but passwords and PINs are legally considered what you know, so you can't be forced to divulge.
The wrinkle in this case is that the thumb print giver was in parole. The conditions of parole stated that failure to divulge phone pass codes on phones could result in arrest and phone seizure "pending further investigation". The parole conditions didn't say anything about forcible thumb print taking.
So the logic here seems to be:
Yeah that's even less than what the standard is. That's just saying "you have to do what's in the conditions of your parole, and we won't accept sneaky technicalities."
But I suppose "appeals court rules that you have to obey the terms of your parole" is far less ragebaity.
The real story here is how terms of parole are often ridiculous and contribute heavily to our high recidivism rate. Not to mention stripping away rights.
Not arguing in favor of them, with how awful the police and oftentimes court systems are, I’m not surprised to hear parole ones are bad too. But what about them contribute to reoffending?
(I’m too lazy to check myself right now, and maybe the answer will help others too? Plus it might vary in jurisdictions)
I wasn't referring to the parole officers per se, just the parole stipulations. For example, a common one is that you must be employed. But then you also must make your regularly scheduled meetings with your parole officer, which are scheduled during working hours. The parole board will determine your address (usually as a stipulation of release, usually with family) but the parole office will be on the other side of the city. Public transit is unreliable, if you miss your bus you go to prison.
I had a friend of a friend who was getting released to a halfway house. Never saw the light of day. When they released his clothes to him, that he got arrested in seven years previously, they found Marijuana seeds in the pockets. Not bud, seeds. That's a parole violation, instant back to prison for 3 more years, minimum. The parole officer who was there told me about it (was also the officer of my friend, who I was giving a ride to).
Any time a cop has the legal authority to access the contents of your phone, you can be compelled to provide your fingerprint or face to unlock it if that will work. If your phone doesn't have those features enabled and relies on a PIN, they can't force you to tell them that outside of some unusual circumstances like parole obligations because you agree to those. They can still access your phone, but only to the extent that they can without the PIN. In this case, cops had the required authority because of his parole obligations, but they'd be equally able to force you to unlock by fingerprint or face if they got your phone as part of a search warrant and I think if you're arrested but only if your phone is relevant evidence. Maybe even if it's not, but I'm less sure about that.
I just have lockdown mode enabled from the power menu so that it forces pass code login instead of allow fingerprint login.
Never been pulled over or talked to a cop (other than family members) in my life.