Hannah Frey
π€ SpeakerAppearances Over Time
Podcast Appearances
And this was the motivation.
The court said that if her phone had been locked with a passcode, they could not have asked her to provide that passcode because...
If she provides the passcode, she is conveying information that's in her mind that can indirectly cause them to learn all kinds of things about her.
Whereas if you ask her to simply put her fingerprint on the phone, all you're really asking her to do is demonstrate that she can move her finger.
The actual court said this?
So biometrics are not a violation of your Fifth Amendment right, according to Organ v. Pittman.
Well, maybe.
You see, there have been court cases that found that biometrics, unlocking with face ID or a fingerprint, is correct.
That's considered testimonial.
That's a key word here.
Testimony is when you divulge information that's in your mind.
And that's opposed to physical evidence, which is parts of your body.
That's right.
And so in U.S.
versus Brown, that case was in 2025.
So just last year, they found...