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Comment Re: Police don't even need this (Score 1) 144

For sure. The idea that any physical part of your body is a "secret" is pretty laughable on its face.
As you said, it's convenient to touch something or look at something, but it's by no means anything remotely approaching secure, no matter what the marketing material says.
If for no other reason than you don't even need the $5 pipe to get someones credentials, just a guy to hold him down.

Comment Re:Police don't even need this (Score 1) 144

Correct.
Which is the 4th amendment, not the 5th, and is also not being argued by anyone, or "the troglodyte judges"

The police concluded that they did not need the warrant, because defendant was a parolee.
Court agreed, as caselaw has determined long long ago, that parolees are not free citizens, they're just those out of prison early.

Comment Re: Police don't even need this (Score 1) 144

Why not just avoid using the biometric crap entirely?

That's the solution. Having biometrics is equivalent to having a physical key.

We know that's protected the most to date.

And rightly so. Physical keys have never been protected.

Ultimately, all that will ever stand between you and anything you've got protected by a key, is the 4th amendment. A warrant.
If you're worried about a judge granting a warrant to go through your shit, you need shit that doesn't have keys. Then you'll be protected by the 5th amendment.
Of course, then you've entered a whole new territory of not-fun.
Hiding evidence, exculpatory or otherwise, from the police is almost always a bad idea, and it was never expected to be anything otherwise.

Comment Re:Clickbait title, nobody read the article or... (Score 1) 144

Not quite that strict.
The judgement discussed the 4th amendment implications.
The police argued it was allowed because the parole allowed them to violate the defendant's 4th amendment rights- the court agreed.
However, that does confirm that only the 4th amendment stands between them and compelling you to provide biometrics. (i.e., a warrant)

Which shouldn't come as a surprise to anyone, but strangely enough, it is, because most of the people on here have no fucking idea what the 5th amendment actually is, and think it is some kind of ability to protect physical evidence from government acquisition, if only you say "no", which is some kind of meme of some dumbass sovereign citizen screaming "i know my rights" as a judge says, "no, you don't."

Comment Re:Insane ruling by troglodyte judges (Score 1) 144

A search of your house was never a violation of your 5th amendment rights.
You are still protected by the 4th amendment, and a warrant would be required, as it is for a blood draw or forcing you to unlock your phone.

In this particular instance, the police concluded that existing authorization from the defendant's parole allowed it. The court agreed.
There was never any 5th amendment concern brought up, because it doesn't fucking apply, by any stretch of the (reasonable) imagination.

Comment Re:Insane ruling by troglodyte judges (Score 1) 144

That's certainly an angle you could argue, but it's a very loose one, particularly since brain scans that can extract information do not exist.
However, it is an undeniable fact right now, that your stored data is physical evidence. No different than you having written something down.

Comment Re:Insane ruling by troglodyte judges (Score 1) 144

Stored data is physical evidence.
Passwords are different because they're in your head. They're something you can know (and forget).
Only constitutional protections against unreasonable search and seizure protect you from access to physical data.

5th amendment protects against compelled confession. It does not protect you from the collection of physical evidence, including your biometrics (or even your blood in the case of DUIs and such)

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