Court Rules Forcing Parolees to Use Biometrics to Unlock Phones Is Lawful

• The Fourth Amendment and Forced Biometric Cellphone Searches
• Parolees and Cellphone Searches
• The Fifth Amendment and Forced Biometric Cellphone Searches

The forced use of a suspect’s thumbprint to open his cellphone, when the suspect is subject to a parole Fourth waiver, is lawful.  Forcing a suspect to open his cellphone via the use of his thumbprint does not violate that suspect’s Fifth Amendment self-incrimination privilege. Where a search warrant obtained for a suspect’s residence shows probable cause justifying the search even after redacting information obtained during an illegal security sweep of the residence, whether or not the security sweep was legal is irrelevant.

Defendant Jeremy Travis Payne was sentenced to three years in prison after having been convicted of assault upon a peace officer (P.C. § 245(c)), stemming from an incident that occurred in November, 2018.  Released on parole on September 23, 2020, defendant signed the standard “Notice and Conditions of Parole” document which included the following general search condition:  “You, your residence, and any property under your control are subject to search or seizure by a probation officer, an agent or officer of the California Department of Corrections and Rehabilitation, or any other peace officer, at any time ....