As more states adopt digital ID systems for driver's licenses and state IDs stored on smartphones, the temptation for police to request your phone will increase. While current digital IDs have limitations, the future vision of these systems could lead to them being used during traffic stops and other police interactions. This raises significant privacy concerns as handing over your phone grants law enforcement access to a wealth of personal data.
You should never voluntarily hand your phone to a police officer. It’s going to become increasingly tempting for the cops to ask and for you to comply, especially as more and more states adopt digital ID systems that allow driver’s licenses and state IDs to be added to Apple Wallet on iOS and Google Wallet on Android.
“There have been cases where people give consent to do one thing, the cops then take the whole phone, copy the whole phone, find other evidence on the phone, and the legal question that comes up in court is: did that violate the scope of consent?” If police do have a warrant to search your phone, numerous courts have said they can require you to provide biometric login access via your face or finger.
Digital ID Privacy Police Smartphone Law Enforcement
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