There was already a case with this same fingerprint outcome a few years ago. Biometrics are not protected from seizure.
However, passcodes still are. Last time I checked you cannot be compelled to surrender your passcode locking your phone.
Which is also why both iPhone and Android have panic/lockdown modes.
For my android, if I rapidly tap the fingerprint reader or the power key five times in a row, it locks down and will only be unlocked with a password. I understand iPhones have this same activation method too. Different Android models might have different activations, so you’d have to check the settings.
You can also just hold the power key and shut the phone down, because it’s pretty standard now that upon a reboot you have to put in the pin first before you can use fingerprint.
Which is also why both iPhone and Android have panic modes.
When you are encountering police that would be seizing your phone in the near future, I HIGHLY RECOMMEND AGAINST quickly shoving your hand in your pocket to try to lock your phone.
Whoops. Apparently my android version has 5x power button pressed call 911.
It does require a pass code on hard power cycle though, which is what I use when going through security (when I remember)
Edit - holding power and volume down shuts the phone down
You can also just hold the power key and shut the phone down
Not on Android 14 at least, if not 13. They moved it to your slide-down menu, hold power is the assistant these days.
You might be able to change it in settings, but that’s the default.
On OneUi holding the power button still brings me to the restart, power 9ff, emergency, medical info menu.
Edit to add: Android 14, OneUi 6.1
Just made me almost call 911 trying it, gave me a real spook. At least I know how to quickly call 911 now
Edit: in LineageOS 21, this is configurable under Settings > Safety & emergency > Emergency SOS
Well I just found out my phone does this but it’s half fucking baked
It’s one of those foldable (clamshells) and this works while the phone is open, but even if biometrics is disabled and it asks for a password, biometrics still works to unlock the phone while folded, and then stays unlocked after opening…
So the only safe way is to shut it off completely so the storage isn’t decrypted yet
This is becoming a grey area.
In several states, especially where CBP is involved, there are legitimate challenges to this protetion.
Even so, biometrics SHOULD be protected under 5th amendment. The fact that it isnt seems very anti-freedom.
Since when have the courts ever cared about the constitution? Other than the 2nd amendment
Make your password “I’ll never tell” so when they ask for it, you can give it to them without lying but they still won’t know it.
What happened to being secure in our documents and personal affects?
Is the constitution a joke to you?
Payne conceded that “the use of biometrics to open an electronic device is akin to providing a physical key to a safe” but argued it is still a testimonial act because it “simultaneously confirm[s] ownership and authentication of its contents,” the court said. “However, Payne was never compelled to acknowledge the existence of any incriminating information. He merely had to provide access to a source of potential information.”
If you can be compelled to hand over a key to a safe, I can see how that translates to putting your thumb on the scanner.
Never use biometrics to lock anything. You can be forced to push a finger to a sensor, or your head forcibly held still for a facial scan.
Only use passwords/passcords. only they are secure against this totalitarian bullshit.
They’ll still put you in jail on fake charges if you refuse to give your passcode, but at least your datas safe and now your case is unlawful imprisonment instead of relying on octogenarian judges thinking its okay to force compliance with a biometric.
Only use passwords/passcords. only they are secure against this totalitarian bullshit.
Oh sweet summer child. Password is as easily beaten out of you as biometric.
If we’re talking about a situation where they can just straight up beat you legally until you give them a passcode, then what’s on your phone likely doesn’t make a difference in the outcome.
Obligatory XKCD https://xkcd.com/538/
I feel like this has always been the case? There’s not a lot of precedence to be sure, but people have been operating under that assumption for a long time.
That’s why, if you need to keep the cops from looking in your phone, you should use a password. Can’t be compelled to give a password.
The classic example is a safe. There’s tons of court precedence that you can be compelled to give the cops a physical key to unlock it if there is one, but you can’t be compelled to tell them the combo if it’s a dial lock.
Fingerprint unlocking is always secondary to there being a pin which is equivalent to a password.
As long as you turn your phone off before approaching/being approached by cops, or before they demand that you unlock it, you’ll be fine. You don’t even have to take it out of your pocket or look at it to turn it off, just hold the power button for a few seconds.
If you’re even more paranoid, enable the setting that requires a PIN code to reactivate the fingerprint unlock after 30 minutes or something.
Or force it to demand the pin after a single failure of the fingerprint unlock and then let your finger kind of slip when they tell you to unlock it.
There are countless ways to mitigate the risks here. You don’t have to forgo fingerprint unlock entirely.
Nah, it’s the 5th Amendment. The right against self incrimination. You can’t be forced to testify against yourself.
Basically, I can’t put you on the stand in the court room and be like, “did you do it?”
You’re always aloud to just stay silent and make the prosecution have to prove their case without your help.
But they are allowed to search you physically and take any physical things they want as evidence, be it a ring of keys or your fingerprint.
To add onto that, it doesn’t prevent them from breaking into a phone or safe. If they have probable cause or a warrant to search either, they have the legal right to search them. Whether they choose to search them or not given this probable cause depends on the crime being investigated, the difficulty of successfully obtaining the contents, and overall desire to solve the crime/fuck with you. They probably aren’t drilling out a huge safe for a jaywalking case. For a murder case, they are probably leaving you with a broken and useless safe and all the contents confiscated.
Note that in many jurisdictions you must invoke your right of silence. Other countries often have similar laws and requirements too.
Don’t use biometrics.
Period.
Full stop.
Biometrics are fine, just use lockdown of you get pulled over or are going throgh TSA.
You can still activate the camera/camcoder by double tapping power on a Pixel even in lockdown.
I love the confidence that a US cop or CBP agent are going to allow you to lock your phone while they’re asking you to hand it to them.
Biometrics is not security. Biometrics is ease of access. It’s literally designed to make your phone easier to access for you and by extension for a low skilled strong arm attacker or jack booted neo-fascist police state cop or border agent, a high skilled hacker, or a nation state actor. If your intention is to make your device easy to access, congratulations, biometrics is the right choice.
It’s not that hard. See the lights on behind you, pull over and lock your phone.
I love the confidence that a US cop or CBP agent are going to allow you to lock your phone while they’re asking you to hand it to them.
They’re not ninjas dropping out of trees at random moments demanding your phone.
What is the scenario that you’re picturing here where the person with the phone had literally no warning and no time to activate the lockdown? Turning your phone off takes like 5 seconds.
Is it technically less secure? Yes.
Is there any reason for the vast majority of people to assume they will ever be in an arrest situation where they won’t have adequate time to turn off their phone? No.
I’m all for being paranoid and cautious but this idea that convenience must always bow to absolute security is an absolute pox on the tech industry. There is such a thing a reasonable risk. You’re engaging in that yourself for even owning a mobile device that some jack booted neofacist could pluck out of your hands.
low skilled strong arm attacker or jack booted neo-fascist police state cop or border agent,
Bless your heart. Those bad people will just beat the password out of you without sweating.
