X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Scanning fingerprint/Peshkova/iStock Scanning fingerprint/Peshkova/iStock

We all know that smartphones and similar devices contain enormous quantities of personal and private information. Not surprisingly, for that reason, the government considers them a treasure trove of potential evidence in criminal investigations. Most courts have now concluded that forcing an individual to provide the password for a smartphone to a law enforcement agent runs afoul of the Fifth Amendment’s privilege against self-incrimination. A split in the federal courts has begun to emerge recently, however, as to whether compelling an individual to provide a fingerprint or other biometric data to unlock a smartphone amounts to a similar constitutional violation. This article will discuss two recent representative cases reflecting the divergent views on this issue.

Environmental Enforcement: Civil and CriminalBook

The Environmental Enforcement: Civil and Criminal law book explains the
potential legal consequences of enforcement actions and discusses procedures to
follow to minimize exposure.
Get More Information

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.