Wow hope that folks at Apple, Samsung, Motorola, etc. see this.
In response to an incident that lacked any relation to the last fingerprint-related news, a Minnesota court ruled against a recent Fifth Amendment appeal regarding device passwords. The Minnesota Court of Appeals ruled that ordering an individual to unlock a device with a fingerprint is no more testimonial than furnishing a blood sample, providing handwriting or voice exemplars, standing in a lineup, or wearing particular clothing.
The case in question involved Matthew Vaughn Diamond, a man Carver County District Court found guilty in 2015 of burglary and theft, among other crimes. Other news outlets cite arrest records from far before 2015, but the records showed no relevance to the January 2017 ruling. The Carver County District Court fought Diamond over his phones contentshe locked the phone with a fingerprint and refused to unlock the phone for the court. He argued, initially, that forcing his fingerprint violated both his Fourth and Fifth Amendment rights. However, the Minnesota Court of Appeals heard only the Fifth Amendment appeal.
According to the Fifth Amendment, compelled self-incrimination is a violation of human rights. The Supreme Court has held that a witness may have a reasonable fear of prosecution and yet be innocent of any wrongdoing. The privilege serves to protect the innocent who otherwise might be ensnared by ambiguous circumstances. Additionally, the right to remain silent from the Miranda Rights, read to an arrestee at the time of arrest, granted a suspect the ability to refuse questions. Additionally, at the minimum, gave suspects the right to avoid answering questions legally and without fear of immediate repercussions.
Read more:
Blog - Lifeboat Foundation (blog)
- Fifth Amendment - The Text, Origins, and Meaning of the ... [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- 5th Amendment - Revolutionary War and Beyond [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Fifth Amendment to the United States Constitution ... [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Justices suggest public employees' testimony is protected [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- HST 330 fifth amendment presentation - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Police not sure if Sioux City murder suspect invoked 5th Amendment rights [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- Christie Ally Samson Refuses to Give Documents to Lawmakers [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- House votes to hold ex-IRS official in contempt [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- House votes to hold ex-IRS official Lois Lerner in contempt of Congress [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- House holds Lois Lerner in contempt [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- House votes to hold former IRS official in contempt [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Articles about Fifth Amendment - Los Angeles Times [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- Former PA Chairman Samson Pleads Fifth - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- GOP-led House votes to hold former IRS official in contempt [Last Updated On: May 12th, 2014] [Originally Added On: May 12th, 2014]
- No plans to arrest Lois Lerner, John Boehner says [Last Updated On: May 13th, 2014] [Originally Added On: May 13th, 2014]
- Im not going to testify: Witness pleads Fifth Amendment during Bangor triple murder trial [Last Updated On: May 13th, 2014] [Originally Added On: May 13th, 2014]
- Attorney: Defense told Corso will take Fifth [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- Spokane County workers use Fifth Amendment in back-dating case - Thu, 22 May 2014 PST [Last Updated On: May 22nd, 2014] [Originally Added On: May 22nd, 2014]
- Shawn Vestal: County permit clerical mishap raises eyebrows - Fri, 23 May 2014 PST [Last Updated On: May 23rd, 2014] [Originally Added On: May 23rd, 2014]
- Sexual abuse measure could lead to wrongful convictions, attorneys say [Last Updated On: August 31st, 2014] [Originally Added On: August 31st, 2014]
- 5th Amendment - Laws.com [Last Updated On: August 31st, 2014] [Originally Added On: August 31st, 2014]
- Wildstein takes the 5th - Video [Last Updated On: August 31st, 2014] [Originally Added On: August 31st, 2014]
- Fifth Amendment (United States Constitution ... [Last Updated On: September 2nd, 2014] [Originally Added On: September 2nd, 2014]
- New bill a powerful tool to imprison sex offenders [Last Updated On: September 3rd, 2014] [Originally Added On: September 3rd, 2014]
- Cristin Milioti in The Good Wife - Julianna Margulies - Video [Last Updated On: September 4th, 2014] [Originally Added On: September 4th, 2014]
- Kansas Supreme Court: Grand jury violated man's Fifth Amendment rights [Last Updated On: September 6th, 2014] [Originally Added On: September 6th, 2014]
- Attorney Gwendolyn Solomon Petitions United States Supreme Court to Review Tenth Circuits Decision in Case of the IRP6 [Last Updated On: September 9th, 2014] [Originally Added On: September 9th, 2014]
- Texas man's conviction overturned because of Fifth Amendment violation [Last Updated On: September 10th, 2014] [Originally Added On: September 10th, 2014]
- Cop Says 'You Must Be Doing Something Wrong if You Invoke Your Rights' (Video) [Last Updated On: September 12th, 2014] [Originally Added On: September 12th, 2014]
- Public be damned Litchfield latest example [Last Updated On: September 14th, 2014] [Originally Added On: September 14th, 2014]
- Volokh Conspiracy: What the posse comitatus case might mean for the future of the exclusionary rule [Last Updated On: September 15th, 2014] [Originally Added On: September 15th, 2014]
- Fifth Amendment - Video [Last Updated On: September 15th, 2014] [Originally Added On: September 15th, 2014]
- Top 5 Constitution-Related Searches at FindLaw.com [Last Updated On: September 19th, 2014] [Originally Added On: September 19th, 2014]
- The Fifth Amendment Eminent Domain - Video [Last Updated On: September 19th, 2014] [Originally Added On: September 19th, 2014]
- Apple And Google Will Force A Legal Battle Over The Privacy Of Your Passcode [Last Updated On: September 20th, 2014] [Originally Added On: September 20th, 2014]
- Civics- The Fifth Amendment (Sarah Hutchinson) - Video [Last Updated On: September 20th, 2014] [Originally Added On: September 20th, 2014]
- Google and Apple Wont Unlock Your Phone, But a Court Can Make You Do It [Last Updated On: September 22nd, 2014] [Originally Added On: September 22nd, 2014]
- GOP fumes over Lerner remarks [Last Updated On: September 23rd, 2014] [Originally Added On: September 23rd, 2014]
- Assistant to DeKalb CEO Ellis invokes 5th Amendment 30 times [Last Updated On: September 23rd, 2014] [Originally Added On: September 23rd, 2014]
- GOP fumes as Lois Lerner talks to press but snubs Congress [Last Updated On: September 24th, 2014] [Originally Added On: September 24th, 2014]
- Cry us a river, Lois Lerner [Last Updated On: September 24th, 2014] [Originally Added On: September 24th, 2014]
- Can You Go to Jail for Refusing to Testify? [Last Updated On: September 25th, 2014] [Originally Added On: September 25th, 2014]
- Fifth Amendment Projectb - Video [Last Updated On: September 25th, 2014] [Originally Added On: September 25th, 2014]
- The Commander Cody Band - Take The Fifth Amendment - 8/5/1977 - Convention Hall (Official) - Video [Last Updated On: September 27th, 2014] [Originally Added On: September 27th, 2014]
- Joey Gallo Takes The Fifth Amendment - Video [Last Updated On: September 29th, 2014] [Originally Added On: September 29th, 2014]
- Batavia High School teacher John Dryden retires from school district [Last Updated On: October 3rd, 2014] [Originally Added On: October 3rd, 2014]
- Batavia High School teacher John Dryden retires [Last Updated On: October 4th, 2014] [Originally Added On: October 4th, 2014]
- The Fifth Amendment Please Don't Leave Me Now - Video [Last Updated On: October 6th, 2014] [Originally Added On: October 6th, 2014]
- Man Denied Fifth Amendment While In Court Wearing Anti-Police Shirt, Still Won His Case (Video) [Last Updated On: October 7th, 2014] [Originally Added On: October 7th, 2014]
- Batavia teacher previously involved in Fifth Amendment dispute retires [Last Updated On: October 7th, 2014] [Originally Added On: October 7th, 2014]
- INFORMUCATE: THE FIFTH AMENDMENT - Video [Last Updated On: October 8th, 2014] [Originally Added On: October 8th, 2014]
- Fairholme Funds Appeals Fannie Mae and Freddie Mac Verdict [Last Updated On: October 10th, 2014] [Originally Added On: October 10th, 2014]
- Fresno Police Officer violated fifth amendment at a dui checkpoint. - Video [Last Updated On: October 10th, 2014] [Originally Added On: October 10th, 2014]
- Code cases: Police want phone access, but some pass [Last Updated On: October 12th, 2014] [Originally Added On: October 12th, 2014]
- Fresno Police Officer violated fifth amendment at a dui checkpoint. part 2 - Video [Last Updated On: October 12th, 2014] [Originally Added On: October 12th, 2014]
- Property Rights | Century Law Group - Video [Last Updated On: October 20th, 2014] [Originally Added On: October 20th, 2014]
- Agents questioned, Askar takes the Fifth in Trombetta hearing [Last Updated On: October 21st, 2014] [Originally Added On: October 21st, 2014]
- Scott and Crist have heated and personal final debate before November election [Last Updated On: October 22nd, 2014] [Originally Added On: October 22nd, 2014]
- Detective dodges questions about allegations made during rape investigation [Last Updated On: October 25th, 2014] [Originally Added On: October 25th, 2014]
- Disciplinary hearing for SB officer moved to later date - Video [Last Updated On: October 27th, 2014] [Originally Added On: October 27th, 2014]
- Judge Rules Suspect Can Be Required To Unlock Phone With Fingerprint [Last Updated On: October 31st, 2014] [Originally Added On: October 31st, 2014]
- Virginia judge: Police can demand a suspect unlock a phone with a fingerprint [Last Updated On: October 31st, 2014] [Originally Added On: October 31st, 2014]
- Court rules: Touch ID is not protected by the Fifth Amendment but Passcodes are [Last Updated On: October 31st, 2014] [Originally Added On: October 31st, 2014]
- Virginia Court: LEOs Can Force You To Provide Fingerprint To Unlock Your Phone [Last Updated On: November 1st, 2014] [Originally Added On: November 1st, 2014]
- Civil Rights and Civil Liberties - Fifth Amendment - Shh! The Right to Remain Silent - Video [Last Updated On: November 1st, 2014] [Originally Added On: November 1st, 2014]
- Your Fingerprints Belong To Us: Iphone Users Forfeit 5th Amendment - Video [Last Updated On: November 2nd, 2014] [Originally Added On: November 2nd, 2014]
- All Your Fingerprints Are Belong To Us: iPhone Users Forfeit Fifth Amendment - Video [Last Updated On: November 2nd, 2014] [Originally Added On: November 2nd, 2014]
- Log into Tax-News+ [Last Updated On: November 4th, 2014] [Originally Added On: November 4th, 2014]
- Editorial: Applying the Fifth Amendment in the era of smartphones [Last Updated On: November 4th, 2014] [Originally Added On: November 4th, 2014]
- Volokh Conspiracy: Virginia state trial court ruling on the Fifth Amendment and smart phones [Last Updated On: November 4th, 2014] [Originally Added On: November 4th, 2014]
- Fingerprints: iPhone Users Forfeit Fifth Amendment. - Video [Last Updated On: November 4th, 2014] [Originally Added On: November 4th, 2014]
- New ruling may affect police access to smartphones - Video [Last Updated On: November 6th, 2014] [Originally Added On: November 6th, 2014]
- Why the Constitution Can Protect Passwords But Not Fingerprint Scans [Last Updated On: November 7th, 2014] [Originally Added On: November 7th, 2014]
- Virginia state trial court ruling on the Fifth Amendment ... [Last Updated On: November 7th, 2014] [Originally Added On: November 7th, 2014]
- Is taking the fifth amendment a bad idea? - Video [Last Updated On: November 7th, 2014] [Originally Added On: November 7th, 2014]
- IT Security TV Show 4 November 2014 - iPhone Users Forfeit Fifth Amendment - Video [Last Updated On: November 7th, 2014] [Originally Added On: November 7th, 2014]
- the fifth amendment happy parody project song for connections - Video [Last Updated On: November 8th, 2014] [Originally Added On: November 8th, 2014]
- 13-year-olds murder conviction overturned [Last Updated On: November 11th, 2014] [Originally Added On: November 11th, 2014]
- Your Fifth Amendment Rights DO NOT Cover Biometrics - Video [Last Updated On: November 11th, 2014] [Originally Added On: November 11th, 2014]
- Philadelphia charter school officials pleaded Fifth 77 times [Last Updated On: November 12th, 2014] [Originally Added On: November 12th, 2014]