P&Ns middle name is and

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kage69

kage69

Lifer
Jul 17, 2003
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Oh how the mighty have fallen...

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[DHT]Osiris

Lifer
Dec 15, 2015
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https://www.tiktok.com/video/7484619474428071198
Friendly reminder that biometrics are not protected under the 5th, so use pattern or number locks on your phone if you plan on passing through customs (or dealing with US police in any way).

Does the Fifth Amendment Protect Biometrics?

With sensitive information stored on devices unlocked by fingerprints and faces, legal experts work to determine if biometrics are protected by the Fifth Amendment.
www.purduegloballawschool.edu www.purduegloballawschool.edu

On February 4, 2021, investigators received a warrant that allowed them to use the fingerprint of a Capitol Hill riot suspect to unlock his phone and other devices. It was the second such warrant issued in the Capitol Hill riot investigation. Previously, law enforcement officials were granted a warrant to use facial recognition to unlock the laptop of another suspect.

Not all judges agree that biometric unlocks are constitutional. It is well-established that fingerprinting and collecting DNA samples are searches subject to the Fourth Amendment. However, providing a password to unlock a computer system is considered “testimonial,” and thus protected by the Fifth Amendment.

Courts are divided as to whether a biometric is more like a fingerprint or akin to compelled testimony—and as such, haven’t definitively ruled if the Fifth Amendment protects biometrics. So far, the U.S. Supreme Court has left it an open question. As more and more consumers use biometrics to secure their personal devices, the Supreme Court will undoubtedly be called upon to address the issue.
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