G+_George Kozi Posted August 27, 2018 Share Posted August 27, 2018 Denise Howell Can a person refuse to be fingerprinted by law enforcement? If the answer is yes, then let's play Hypothetical. John refuses to be fingerprinted. The police has a warrant for his phone. His phone has a fingerprint reader on it, and contains the data for one of his fingerprints. Does the police have now access to that fingerprint, and use it in their case against John? Link to comment Share on other sites More sharing options...
G+_Black Merc Posted August 27, 2018 Share Posted August 27, 2018 Yes, its a physical measurement. Same as face ID. And if you have watched enough cop shows, they don't need to fingerprint you directly. 'A think you know' is still the most secure. Link to comment Share on other sites More sharing options...
G+_Donald E. “Don” Riley Posted August 27, 2018 Share Posted August 27, 2018 Interesting subject. Seems to me access to the phone would have to first be gained.So far access to a locked phone is difficult. Requires warrant, if I am up to date on all the current rulings. Having said that, Apple has said cloud information is available to law enforcement. Would that contain fingerprints? Link to comment Share on other sites More sharing options...
G+_Black Merc Posted August 27, 2018 Share Posted August 27, 2018 Donald E. Riley from what I've read, the apple fingerprint was only localized to 'the secure onclave chip' in the phone. Say it ain't so! ;) Link to comment Share on other sites More sharing options...
G+_Lie Ryan Posted August 27, 2018 Share Posted August 27, 2018 Can you legally or technically refuse to be fingerprinted in the first place? I think in most (all?) legal jurisdiction that I am aware of, once you are arrested, the police don't have to have your consent to take your fingerprint. Taking your mugshot and fingerprint is part of the arrest process rather than the legal process, so the only real chance to refuse getting fingerprinted is before arrest. Also, technically it's not very difficult to take fingerprint without consent. If I can just give you a glass of water, I'll have a good enough image of your fingerprint. In any case, AFAIK in most fingerprint readers as used in mobile devices for authentication, the fingerprint is stored in a form that cannot be converted back to a fingerprint image. So the police (or anyone, really) cannot really obtain the stored fingerprint from the mobile phone, though it may be possible to use the stored data to match an existing, known fingerprint. Link to comment Share on other sites More sharing options...
G+_George Kozi Posted August 27, 2018 Author Share Posted August 27, 2018 Let's take this one a step further: If the police has a warrant for the phone, can it collect the owner's DNA from the surface of the phone? Even if the owner doesen't want his DNA profile tested? Link to comment Share on other sites More sharing options...
G+_Black Merc Posted August 27, 2018 Share Posted August 27, 2018 George Kozi if they can go through your garbage because it is sitting on the curb for pickup(the discard rule) then yes, your surface discards(DNA in this case) is fair game. Link to comment Share on other sites More sharing options...
G+_Andrew Cool Posted August 28, 2018 Share Posted August 28, 2018 Hmmm Link to comment Share on other sites More sharing options...
G+_Dennis D Posted August 28, 2018 Share Posted August 28, 2018 The answer is no if you have been arrested, if not arrested they won’t need you prints or ask for them Link to comment Share on other sites More sharing options...
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