In an article titled "Why the Constitution Can Protect Passwords But Not Fingerprint Scans," Hayes Hunt, a member of Cozen O'Connor's Commercial Litigation Department, discusses a recent Virginia court decision addressing the application of the Fifth Amendment to cellphone fingerprint passcodes. The court ruled that while the Fifth Amendment protects defendants from revealing their numeric passcodes, considered a self-incriminating testimonial, it does not extend the same protection to finger scans and other biometrics.
To read the article, click here.