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Unlocking Cellphone with Fingerprint

The answer is, “Yes.”  Because fingerprints and facial ID are not testimonial, there is no recognized privacy interest in your fingerprints or in your face.  So that’s generally the case.  I’m also thinking of mass facial recognition software that you’re putting downtown, and you’re identifying everybody who is downtown.  That implicates a different constitutional principle, […]

Seizing a Victim’s Cellphone

The question: Can officers routinely seize a victim’s cell phone if they’re the victim of a drive by shooting?  He goes on to say, “Look, I’m an officer here, working at CHP.  And we’ve had a lot of shootings that occur in my area, right?  So we get out there, and we have some victims […]

Searching a Person Without an Arrest

“Can you search a person for evidence if you have probable cause?” In other words, do you have to make the arrest? Let’s go through a couple scenarios with the officer. One is basically that the officer had a consensual encounter with a suspect that he knows from prior arrests. He’s your neighborhood felon, that […]

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