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You've completely misunderstood the law here, unfortunately, and argued something that that goes in the opposite direction of this ruling.

The law is actually that physical features/etc can be compelled because they are not testimonial.

“[i]t is compulsion of the accused to exhibit his physical characteristics, not compulsion to disclose any knowledge he might have.”

United States v. Wade

"“the task that Diamond was compelled to perform—to provide his fingerprint—is no more testimonial than furnishing a blood sample, providing handwriting or voice exemplars, standing in a lineup, or wearing particular clothing.”"

State v. Diamond (This is a state case but applying the federal constitution).

Note also that fingerprints are almost always taken at booking, etc. They just aren't transferable in a way that lets the police use them to unlock the phone.

Passcodes, on the other hand are often testimonial. Entering the combination to a safe proves you probably had ownership/control of the safe, for example.

In those situations, generally the government has to be able to prove that you own it. If they can, you will be forced to open the safe.

In the case of phones, the only interesting intermediate cases are phones where ownership can't be proven easily by other evidence.

(Note:I don't necessarily agree with these doctrines, but that is the current law)



> Passcodes, on the other hand are often testimonial. Entering the combination to a safe proves you probably had ownership/control of the safe, for example.

Is this not also true for face/fingerprint ID? Proving the face/fingerprint ID proves you probably had ownership control of the device.


No more than having it in your pocket when you get arrested, or it being in the apartment that you share with nobody else, etc.




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