Passwords, Biometric Features, and Fifth Amendment Self-Incrimination:

Passwords, Biometric Features, and Fifth Amendment Self-Incrimination:

Robert C. Phillips
DDA (Ret)
February, 2019

            An interesting debate has surfaced recently concerning a criminal suspect’s Fifth Amendment self-incrimination rights as they relate to passwords and certain “biometric” features, used to prevent third party access to cellphones and other digital or electronic devices.  The issue recently came to a head when federal Magistrate Judge Kandis A. Westmore declined to authorize a search warrant and chose to publish an opinion as to her reasons in In re Search of a Residence in Oakland.[1]

Search Warrant Application:

A federal investigation was initiated in a case where it was alleged that two specific ....

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