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Cynthia S. Lyons

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Criminal Law

June 11, 2016 By Cynthia Lyons

Plastic: Can’t Live With It, Can’t Live Without It

Police can swipe your plastic now.  No, not swipe as in steal.  But they can swipe your card to read the magnetic strip on the back, and it is not a Fourth Amendment violation (illegal search/seizure) to do so.  At least not yet.  The 8th Circuit Court of Appeals decision did leave open the possibility a defendant might show, in a case with the right facts, that such a swipe would be a privacy violation.

So, to sum up recent developments:

Police can swipe the magnetic strip on your credit cards.   http://arstechnica.com/tech-policy/2016/06/appeals-court-rules-cops-can-legally-search-a-seized-credit-card-with-no-warrant/

Police can read the data on your prepaid gift/debit card and seize the money from these cards and/or accounts.  https://www.washingtonpost.com/news/the-watch/wp/2016/06/08/new-frontiers-in-asset-forfeiture/

Police can require you to unlock your phone or other device with your fingerprint, even though they cannot require you to give them your passcode.  http://www.inc.com/will-yakowicz/why-biometrics-are-bad-for-your-constitutional-rights.html

Be very afraid.

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