Criminals should protect their iPhones with a passcode, not Touch ID, as a Virginia District Court has determined that passcodes are protected under the Fifth Amendment of the United States Constitution while fingerprints are not, according to a report Friday by Hampton Roads.
The Fifth Amendment protects citizens from self-incrimination so a phone is protected under the law because otherwise it would require a defendant to divulge knowledge. Put simply, a Circuit Court judge has ruled that a criminal defendant can be compelled to reveal their fingerprint but not the passcode, so that police could search their mobile phone.