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Yet those tiny skin ridges we all share were at the heart of a Virginia court case last week in which a judge ruled that police, who suspected there was incriminating evidence on a suspect smartphone, could legally force the man to unlock his device with its fingerprint scanner. While the Fifth Amendment protects defendants from revealing their numeric passcodes, which would be considered a self incriminating testimonial, biometrics like fingerprint scans fall outside the law are being forced to divulge something that you know, that not okay, said Marcia Hofmann, an attorney and special counsel to digital rights group Electronic Frontier Foundation. The government is able through other means to collect evidence that just exists iphone cases, then they certainly can do that without stepping on the toes of the constitutional protection.important thing is, Hofmann said, it something you know, or something you have? The Virginia ruling was perhaps the most clear cut decision among similar cases whose outcomes have varied significantly by circumstance.

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