Circuit Court of Virginia, that is trial level. It's not a precedent and isn't final until the Appeals court or Supreme Court affirms or throws it out.
The error in the judges logic is that, by forcing a defendant to participate in unlocking of his device by providing a finger print, this in fact forces one to self incriminate and to act as a witness against himself.
In fact the defendant should not have to do anything he does not wish to comply with when the state wants to throw his ass in prison, guilty or not. That was the intent of the 5th amendment. You either got proof, or you don't, and you cannot expect the defendant to have to help you convict him. It is not designed to be a perfect system of finding innocence or guilt. It's a way to execute both innocent and guilty people based on a set of rules; it does so both currently, and the only protection from it is to hold onto your rights to avoid being found guilty at all cost, including using your 5th amendment right.
The act of complying with a judges order certainly is the same as providing a password or divulging information which he stored in his phone, which is an extension of himself.
Furthermore, what's the difference from information stored on a mans finger or in the atoms of his brain or in the energy states of his electronics/memory?
Also if anyone in the community is listening, add an auto-wipe feature and multi-finger swipe; Meaning to actually unlock, two or more fingers may be used in specific combination entry, and perhaps a specific combination can initiate a device auto-wipe or disable fingerprint and replace with a high grade password until further notice.
There is no way the retarded judges can force one to divulge the specific finger used or the specific finger combination required to unlock a phone. At best refusing to do so is contempt, typically nothing more than a misdemeanor. Wiping or sabotaging your device w/ a specific combination is certainly within your rights to do as well.
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