Can Law Enforcement Use a Dead Criminal’s Fingerprint to Unlock a Phone?

The question of whether law enforcement can use a dead criminal’s fingerprint to unlock a phone is a complex one. There are several legal and practical considerations that come into play. This article will delve into these factors and provide a comprehensive understanding of the issue.

Legal Rights and Privacy After Death

The deceased in the United States have no right to privacy according to legal standards. Once a person is declared dead, their property and belongings, including a phone, can be accessed by legal entities. This is a legally recognized principle that allows law enforcement to search a deceased person's property, as long as the proper procedures are followed.

However, it is crucial to follow the correct chain of events. A medical doctor must declare a person dead before any actions can be taken. This means that an officer cannot assume a person is dead and proceed with fingerprint biometric access to a phone without proper verification. The medical declaration of death by an authorized person is a legal requirement.

In Case of Emergency (ICE) Contact

In some cases, a dead person’s phone may be unlocked for the purpose of contacting their ICE contact. In the event of an emergency, the phone can be accessed to reach out to the designated person. This practice ensures that if a person is found unconscious or deceased, the emergency contact can be reached to facilitate necessary measures.

It's important to note that any information accessed through the phone, other than the ICE contact, cannot be used as evidence against the deceased in any legal proceedings. The deceased cannot face trial; thus, any use of phone data for legal purposes is limited and must be justified by the circumstances.

Biometric Authentication and Fingerprint Conduction

The iPhone's TouchID utilizes capacitance-based biometric authentication. The system detects changes in an electric field around the finger. For this system to work, there must be sufficient conductivity from the finger. Even though a finger may appear dead, it may still provide the required conductivity to unlock the phone.

Some experts believe that the fingerprint authentication system does not require a pulse in the finger. In other words, if there is sufficient electric field from the finger, the phone should still be unlockable. However, practical evidence supporting this theory can be limited.

Practical Obstacles and False Positives

There are several practical obstacles that must be considered. For instance, if the finger is completely desiccated, it may not provide the necessary conductivity. In other cases, an artificial jolt of electricity might be needed to simulate an active finger. Additionally, the system is prone to false positives, which means that even a dead finger might sometimes unlock the phone.

Another complicating factor is the potential for the biometric scanner to be deactivated or if it is a PIN-based device. The TouchID system can be bypassed if a PIN is required to unlock the device. In such cases, law enforcement would need to find another legitimate way to access the phone's contents.

Conclusion

While legal and technical practices allow for the use of a dead criminal's fingerprint to unlock a phone, the process is subject to several restrictions. Proper legal protocols must be followed, and the officer must ensure they have the correct authorization to access the phone. Additionally, the practical challenges must be addressed, including the conductivity of the finger and the possibility of false positives.

It is important to remember that the rights of the deceased are still respected, and the information accessed cannot be used as evidence against them.

Keywords: dead criminal's fingerprint, biometric authentication, legal rights