Interesting case via Law & Crime
A federal appeals court has ruled that the constitutional right against self-incrimination did not prevent California police from forcing a suspected drug dealer from unlocking his cellphone with a thumbprint.
The U.S. Court of Appeals for the Ninth Circuit ruled against Jeremy Travis Payne Wednesday, throwing out Payne’s constitutional challenges to the admissibility of evidence collected after highway cops forced Payne to unlock his phone. The court said that the ruling in Payne’s case was clear, but that it does not mean that police are entitled to force individuals to unlock electronic devices in all circumstances. Rather, the court said the matter comes down to what kind of thought process would be required for the unlocking, and said the surrounding facts — including whether a person was permitted to choose which finger to use to unlock a phone — could make the difference as to legality.
Payne was convicted of assault with a deadly weapon on a peace officer in 2018, sentenced to three years imprisonment, then released on parole. As a condition of his parole, Payne signed documents agreeing that he would cooperate with various kinds of searches if asked to do so. While on parole, Payne was arrested and charged with possession with intent to distribute fentanyl, fluorofentanyl, and cocaine in 2021. During a traffic stop, California Highway Patrol (CHP) officers forced Payne to unlock his cellphone by using his thumbprint.
Once the phone was unlocked, officers found several videos showing Payne inside a room filled with pills suspected to be fentanyl and a money-counting machine; officers also found a map with dropped pins that led them to the location captured in the video, which was indeed filled with drugs.
Payne raised both Fourth and Fifth Amendment challenges to the officers’ compelled use of his thumbprint. The district court denied Payne’s motion to suppress the evidence on both constitutional grounds. Payne then pleaded guilty and was sentenced to 12 years in prison. Payne appealed the motion to suppress to the Ninth Circuit and Bill Clinton appointee U.S. Circuit Judge Richard C. Tallman penned the opinion for the unanimous three-judge panel. The panel also included U.S. Circuit Judge Consuelo M. Callahan, a George W. Bush appointee, and U.S. District Judge Robert S. Lasnik, also a Clinton appointee, sitting by designation.
Cops allowed to force suspect to unlock cellphone with thumbprint: Court
