Overview

• The Bundesgerichtshof’s March 13 decision, made public this week, confirms that officers may compel suspects to place a finger on a smartphone sensor to unlock devices.
• Judges determined that forced fingerprint scans count as passive tolerance rather than active cooperation, preserving the right against self-incrimination.
• Such biometric unlocking is permissible only under § 81b of the Criminal Procedure Code and requires a prior warrant for searches targeting mobile phones.
• The precedent stems from a Cologne child pornography case in which police used force to unlock a suspect’s two smartphones.
• Legal experts say the verdict strengthens law enforcement’s access to biometric evidence while enforcing strict proportionality and judicial oversight.