Courts can admit postmortem fingerprints to unlock encrypted devices because fingerprints are physical keys, not testimonial evidence, and the Fifth Amendment privilege against self-incrimination does not survive death; this ruling allows law enforcement to compel device access from deceased suspects when a particularized warrant is obtained, as the deceased cannot assert constitutional rights and family members lack standing to do so.
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Court Admits Postmortem Fingerprint UnlockAdded:
How did a severed hand unlock the phone?
The court admitted postmortem prints to compel device access.
He was the prime suspect in a double shooting. He died before arraignment.
His iPhone sat in evidence encrypted.
Prosecutors petitioned to use his fingerprints. Defense counsel objected on constitutional grounds. Riley required a warrant, one issued. But they argued dignity, privacy, and third-party texts. They claimed biometrics were testimony in disguise. Forensics warned Touch ID locks out after 48 hours. The choice was now or never. Can a corpse be compelled? The judge said no privilege survives death. The fifth protects the mind, not the body. A fingerprint is a key, not a confession. With a particularized warrant, the search was reasonable. Family lacked standing to assert his rights. Technicians pressed his thumb and the phone opened. The verdict stood. The dead cannot shield the
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