I Can’t Quite Put My Finger on It

As with any new technology, the use of biometrics comes with complications. If it is suspected that the device has been used to commit a crime, law enforcement is authorized to apply for a warrant to search the device. If the device is protected by a biometric feature, the government will seek authorization to compel the owner to unlock the device. In his October Illinois Bar Journal article, “I Can’t Quite Put My Finger on It,” Thomas A. Drysdale asks whether a person can be compelled to provide a biometric feature to unlock a device and finds that, due to the constitutional protection against self-incrimination, courts have struggled to find an answer. Drysdale examines the constitutional implications of compelling biometric features, compares differing judicial opinions, and provides background information for the Illinois practitioner approaching the issue.

Read more in the October issue of the Illinois Bar Journal.