Compelling a Defendant to Provide Fingerprint In Order to Unlock Cell Phone Not A Fifth Amendment Violation

State v. Diamond, Minn.Ct.App., 1/17/2017.  Police arrested Mr. Diamond on suspicion of burglary.  Following his arrest, police obtained and executed a search warrant to seize Mr. Diamond's shoes and cell phone. Then, the police got another warrant to search the contents of the cell phone, only they were unable to unlock it.

So, the state got an order from the trial court compelling Mr. Diamond to provide his fingerprint in order to unlock the phone. Mr. Diamond complained that this violated his Fifth Amendment right not to incriminate himself.  Both the trial court and the court of appeals disagreed with that assertion.

Before the advent - or at least the ubiquitous proliferation - of cell phones, the U.S. Supreme Court said that the Fifth Amendment privilege applies to communications.  A defendant's communication must, itself, explicitly or implicitly, relate a factual assertion or disclose information.  Doe v. United States, 487 U.S. 201 (1988). Fingerprints, blood samples, voice exemplars, handwriting specimens may be obtained from a defendant against his will.  The court declines to make an exception for cell phones.  So, it may be more convenient to use a fingerprint to lock/unlock that cell phone but it won't keep the wolves at bay.