Judge Rules Cops Can Now Break Fingers To Compel People To Open Cell Phones

In another shocking display of jurist malfeasance, Virginia Circuit Judge Stephen Fucci has ruled that police can pry open your hands and force you to unlock your cell phone that has a fingerprint security feature.

Not only is Fucci’s ruling an affront to both the 4th and 5th Amendments but is also shockingly ignorant.

According to Judge Steven C. Fucci: while a criminal defendant can’t be compelled to hand over a passcode to police officers for the purpose of unlocking a cellular device, law enforcement officials can compel a defendant to give up a fingerprint.

Here’s the rub though, with the advancement of technology, more and more things are going the way of biometric scans.  The logical conclusion to Fucci’s ruling is that any biometric lock, be it fingerprint swipe or iris scan can be searched without a warrant or permission or consent from the owner.

This extends beyond a simple cell phone as cars, houses, safe boxes more and more are gravitating to the biometric defenses.  Judge Fucci has effectively ruled that while such locks may be a deterrent to criminals, it is actually a highway to infringement town when it comes to the police who no longer would need a warrant to search anything.

Think of the following scenario where a car is locked solely by a biometric fingerprint scan.

Cop: Please step out of the vehicle.

Innocent Person: (locks car upon exiting)

Cop: Unlock your car so I can search it?

Innocent Person: For what reason?

Cop: Doesn’t matter, I just want to search it…I’m a suspicious person.

Innocent Person: That’s not good enough, i’m not unlocking my car.

The cop calls for back up. it shows up, his cop buddy throws a billy club around our innocent drivers neck starts to choke him out while our first cop pries a finger out of the fist (dislocating it so it couldn’t be balled up again) and then uses it to open the car.

According to Judge Fucci, that’s all fine and dandy.  Just like when a group of cops have another person on the floor holding him down while one cop grinds a heel into his wrist so his hand convulsively opens in order to get that all important cell phone information.

Let’s break it down even further, if police enter your house without a warrant (for some foolish reason you let them in) they are confined to “PLAIN VIEW DOCTRINE”, that is to say they can only investigate, touch, go through things that are in plain view.

With Judge Fucci’s ruling, are these officers now allowed to consider a biometric safe in plain view open?  As such can they now forcibly compel the homeowners to open the safe because apparently biometric locks, in this judges eyes, matter.  Think about gun safes that use this feature, apparently cops can go fiddling through your safes all willy nilly.

Let’s be real, will this help catch the occasional bad guy?  Maybe, but what it will MOST definitely do is to violate the civil rights of scores of innocent people and to those patriots who would stand up for their rights and say “no” they can look forward to government sanctioned torture as their fingers are broken and dislocated in the gleeful whim of some overzealous jackbooted thug.  That’s not a statement against cops in general…that’s a statement of fact that such cops exist.  Those who will exploit and abuse any power they are given.

With this ruling we have a lot more of this to look forward to:


“Oh no, you’re not in trouble…I just really want to see that super cool selfie of yours”

It is ruling like these that chip away at the 2nd Amendment in round about ways.  The less we are protected against illegal searches and seizures, the less we are guaranteed the right not to incriminate ourselves the less secure we are against jackbooted thugs busting in at night without warrants, shooting our dog and then cutting off our fingers in order to open all our personal belongings.

My recommendation, stick with pass codes because apparently your fingers and your eyes aren’t yours anymore in this Obama Nation.

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