Two Florida detectives tried to use a dead man’s fingerprints to unlock his phone, the Tampa Bay Times reported, and that act raised privacy questions.
Linus F. Phillip “was shot and killed [by a Largo, Fla., police officer] March 23 at a Wawa gas station after police said he tried to drive away when an officer was about to search him,” the Times reported. Later, two detectives came to the Sylvan Abbey Funeral Home in Clearwater with Phillip’s phone, according to Phillip’s fiancee, Victoria Armstrong. “They were taken to Phillip’s corpse. Then, they tried to unlock the phone by holding the body’s hands up to the phone’s fingerprint sensor,” the Times reported.
Phillip’s fiancee is upset. She was not notified that the detectives would be coming to the funeral home, and the police did not get a warrant for their actions.
Although the detectives’ actions have been criticized as unethical, they are legal because dead people have fewer rights than the living, especially concerning privacy and search and seizure. The courts have split on whether living defendants can be forced to use biometrics such as fingerprints or facial scans to unlock their mobile devices. (Another difference from the Phillips case is that these court cases involved warrants.) Read more »