Florida police try to use dead man's finger to unlock his phone; was a warrant needed?. I have written before about the different legal standards applicable to the search and seizure of Smartphones secured by fingerprint or numeric code. The fingerprint is a physical characteristic, and doesn't share the same testimonial privilege of a code that the user knows. However, what happens after the death of the phone owner? This case occurred here in my home county of Pinellas on the west coast of Florida. Police officers investigating the shooting death of a suspect went to a funeral home and used the fingerprint of the deceased to try to unlock his phone. Were they required to get a warrant? The deceased no longer has any Fourth Amendment protections, that is certain. However, his estate has ownership of his property. Must consent from the Personal Representative of the Estate be obtained? What happens until a P.R. is appointed? Interesting questions.
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