Regardless if you are a suspect or not, law enforcement has no right to force you to unlock your iPhone or any devices by using Face ID, touch ID or even biometrics.
Before biometrics and other security features have been implemented to the new smartphones, especially the iPhones, most handsets relied on security features like a passcode, or in the case of Android, a pattern unlock feature. The security features offer convenience when it comes to the privacy of the owners. However, it also presented certain legal conundrums as to whether or not suspects could be forced to unlock their devices. With that, it is a challenge for law enforcement to find evidence that can be gotten from the suspects'phones.
Apple's biometric security such as Face ID or Touch ID is also protected the same way as passcodes are. With that, the California Judge Kanis Westmore has ruled out that, even with a warrant, the government can't force people to unlock their devices using biometric features. According to the ruling, the submitted request to compel an individual from a blackmail case to unlock their devices using biometrics such as fingerprint by the police "runs afoul of the Fourth and Fifth Amendments."
In a statement, Westmore said, "If a person cannot be compelled to provide a passcode because it is testimonial communication, a person cannot be compelled to provide one's finger, thumb, iris, face, or other biometric feature to unlock that same device. The undersigned finds that a biometric feature is analogous to the 20 nonverbal, physiological responses elicited during a polygraph test, which are used to determine guilt or innocence, and are considered testimonial."
The police submitted the request to allow them to force an individual to unlock their iPhones or other devices because of such cases likes a Facebook extortion. In this case, the victim was being asked to pay a sum of money to avoid having an "embarrassing" video released to the public. Apart from that, the law enforcement wanted to use a search warrant to raid property suspected to such illegal activities. With the help of search warrant, the police, they also sought to unlock any phone on the premises with Face ID and Touch ID to get shreds of evidence.
The judge agreed that the cops had probable cause for a warrant. However, the judge pointed out that they don't have the right to force the suspects to unlock their devices using biometric technology because the submitted request was "overbroad and neither limited to a particular person nor a particular device." Added to that, the ruling could be overturned in the future if law enforcement requests a narrower warrant. This is the reason why Judge Westmore ruled that even with a warrant, authorities can't force suspects to incriminate themselves through biometric technologies like Face ID and Touch ID. She also added that in her ruling, fingerprints and face recognition are not the same as physical evidence in the context of unlocking a phone.
