Cheronis & Parente LLC

Criminal Defense Blog

ON BEHALF OF CHERONIS & PARENTE LLC   /   January 22, 2019

Ruling bolsters protections for cell phone data

For many people in Illinois, the advancement of technology can also lead to a decrease in personal privacy. While many individuals are familiar with the controversies surrounding tech companies’ use of personal data, the issue can be far more significant when law enforcement wants access to a person’s locked cell phone. A federal judge’s ruling may provide people with greater protection for their cell phone data. The judge at the U.S. District Court for the Northern District of California ruled that police cannot make people unlock their phones with their faces or fingers.

In the past, judges ruled that while police could not compel a four-digit passcode in order to unlock a phone, they could force unlock devices that rely on fingerprints, face recognition or iris identification. However, this order ruled that devices could not be forcibly unlocked with these kinds of biometric protections. The ruling came as part of a case involving a search warrant at a California home. The police, who were investigating alleged extortion, wanted permission to unlock any devices on the property using biometric tools.

The judge ruled that the warrant request was excessive as it was not limited to a specific person or individual device but instead addressed all electronics in the home. More significantly, however, the judge ruled that the government could not compel suspects to incriminate themselves by unlocking a phone with biometric options. The judge noted that the law needed to keep up with technology and that there was no clear reason to treat passcodes differently.

People who are accused of criminal offenses often find that the contents of their phones are under scrutiny. A criminal defense lawyer can help people facing allegations handle requests from the police for cooperation. By working with an attorney, accused individuals can challenge police and prosecution narratives and present a strong defense.

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