Police can require cellphone fingerprint, not pass code

A Circuit Court judge has ruled that a criminal defendant can be compelled to give up his fingerprint, but not his pass code, to allow police to open and search his cellphone.

The question of whether a phone's pass code is constitutionally protected surfaced in the case of David Baust, an Emergency Medical Services captain charged in February with trying to strangle his girlfriend.

Prosecutors had said video equipment in Baust's bedroom may have recorded the couple's fight and, if so, the video could be on his cellphone. They wanted a judge to force Baust to unlock his phone, but Baust's attorney, James Broccoletti, argued pass codes are protected by the Fifth Amendment, which prohibits forced self-incrimination.

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