this post was submitted on 26 Aug 2023
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Privacy
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Despite username similarities, I'm not Legal Eagle, nor do I have a legal background. Though I would be very much surprised if authorities in the US could search anybody's phone at will without consent, warrant, or reasonable suspicion.
This very much depends on the state. Some state courts (California) have ruled that one can refuse a request to unlock a phone via biometrics, while others (Minnesota) have ruled that you do not have the right to refuse.
My understanding is that a passcode or PIN can be considered "testimony", because you have to communicate this information, and testimony can't be forced.
But biometrics aren't always considered to be testimony, because it's something you ARE.