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Charlie Rooney

Charlie Rooney

J.D. from University of St. Thomas, Magna Cum Laude

Former prosecutor for County Attorney’s Office

Clerked for the Chief Judge of Hennepin County

Eric Nelson

Eric Nelson

Attorney of the Year (Minnesota Lawyer 2022)

Named one of the TOP 40 UNDER 40 by the National Trial Lawyers' Association

"Rising Star" from 2004-2013

"Super Lawyer" 2014, 2015 2016, 2017, 2018, and 2019

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Debbie Lang

Debbie Lang

Top 100 National Trial Lawyers by the National Trial Lawyers' Association

Co-Editor of the Minnesota DWI Deskbook

Super Lawyer (2020-present)

Super Lawyer Rising Star (2012, 2014-2017)

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Dave Risk

Dave Risk

Super Lawyer (2014-present)

Super Lawyer Rising Star (2002, 2004, 2006, 2008-2011)

J.D. William Mitchell College of Law magna cum laude graduate

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Christina Zauhar

Christina Zauhar

Up & Coming Attorney (Minnesota Lawyer 2017)

Super Lawyer Rising Star (2017-present)

Member of Minnesota Society for Criminal Justice (2021-present)

Member of Minnesota Women Lawyers (2012-present)

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Marsh Halberg

Marsh Halberg

Top Six Criminal Defense Attorneys (Mpls/St. Paul Magazine)

Attorney of the Year (Minnesota Lawyer 2011 & 2017)

Super Lawyer (1997-Present)

Co-Editor of the Minnesota DWI Deskbook

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Lucas Dawson

Lucas Dawson

Super Lawyer Rising Star (2017-present)

Human Services Background Study Eligibility Task Force - Remedies Subcommittee Chair 2022

Human Services Background Study Eligibility Task Force Member 2021 - 2022

Requested speaker at Minnesota CLEs

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Zach Graham

Zach Graham

J.D. St. Thomas School of Law, cum laude

Licensed in Minnesota and Wisconsin

Achieved successful outcomes for clients in district court and on appeal

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Biometric Access - Is a Warrant Required?


HomePractice AreasBlogs - Biometric Access

Whether you use an iPhone, Samsung Galaxy, or some other type of smartphone, chances are your device utilizes some type of biometric unlock option for security. This could involve fingerprint, iris scanning, or facial recognition technology.

Because smartphones are basically handheld computers, they often contain a wealth of information about their owners.  This is why police will routinely attempt to seek access to an arrestee’s smartphone data, either by consent of the owner or through the warrant process.

Before a search can be conducted, however, police still need either the owner’s password or his/her biometric data or the contents of the smartphone will remain inaccessible.

In most states, police cannot require a person to provide the password to a seized smartphone – even with a warrant – since doing so is considered compelled testimony that is protectedunder the Fifth Amendment.

But some courts have held that the same Fifth Amendment protection does not extend tobiometric security features, in effect rendering them less secure than a password.

However, a federal judge in California recently ruled that an individual cannot be compelled by law enforcementto unlock a phone with biometrics. 

The case considered whether police could obtain a search warrant compelling anindividual present to “press a finger (including a thumb) or utilize other biometric features, such as facial or iris recognition, for the purpose of unlocking the digital devices found in order to permit a search of the contents…”

The judge, in denying the warrant application, found no real distinction between biometric features and a password. “If a person cannot be compelled to provide a passcode because it is a testimonial communication, a person cannot be compelled to provide one’s finger, thumb, iris, face, or other biometric feature to unlock that same device,”

In other words, compelling someone to use their body to unlock a phone counts as self-incrimination and is protected under the Fifth Amendment. 

Clearly, this is not the final word on the issue. Until the issue is decided by the United States Supreme Court – likely several years from now – law enforcement will continue to compel criminal suspects to provide biometric features to unlock their smartphones.

So, for Fifth Amendment purposes, using an ‘old school’ password – not biometrics – is still the best way to protect your data.

If you find yourself in a legal situation involving a search and seizure of your person or property, you need a criminal attorney with deep legal knowledge and a willingness to fight on your behalf. At Halberg Criminal Defense, our team approach puts the firm’s collective knowledge and experience on your side. Our lawyers are available 24-7 — Call us at 612-DEFENSE (612)-333-3673.

Contact us for a free consultation

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