In a recent ruling, the Second Criminal Senate of the Federal Court of Justice (BGH) has given the green light for police to physically force a suspect to unlock their phone using fingerprint recognition, as long as a prior court-ordered search is deemed justified and the intended data access is proportionate.
The case in question involves a former child educator, convicted of producing and possessing child pornography and subsequently banned from the profession. Despite this, the individual continued to work as a babysitter and a search of their residence led to the confiscation of their two mobile phones. When the suspect refused to unlock the devices voluntarily, a police officer forcibly pressed the suspect’s right index finger onto the sensor, ultimately revealing the presence of child exploitation content.
The BGH has deemed this approach lawful, citing the police’s authority to take forced fingerprints. However, Christoph Knauer, the chairman of the Criminal Procedure Committee of the Federal Association of Lawyers, has raised constitutional concerns, arguing that the legislature should establish a separate legal basis for such actions.