In Minnesota, if a police officer has a valid search warrant for a suspect’s locked phone, that officer may compel that individual to unlock the phone by use of the fingerprint feature.
In State v. Diamond, No. A15-2075, 2018 WL 443356 (Minn. Jan. 17, 2018), the Minnesota Supreme Court has recently affirmed the lower court’s ruling, that this practice does not violate the Fifth Amendment’s Self-Incrimination Clause. However, the court specifically denied addressing whether a person may be compelled to provide a password to unlock the cellphone.
This case comes two years after Apple’s decision to not create a universal iPhone backdoor for the FBI. If you find yourself in a situation where a law enforcement officer is requesting access to your personal phone, finding a criminal defense attorney may be in your best interest.