Biometrics V Passcodes: Why biometrics ARE not protected under search and seizure laws in the US {do with that information what you will} Passcodes are protected in the United States under the 4th and 5th ammend. because they are considered “contents of the mind” and their expressed purpose is a tool designed specifically to protect privacy. US says we are on shaky ground under 4th amend (rights against unreasonable search and seizure) and 5th ammend (right to not self-incriminate) when we force someone to reveal passcodes (ie, passwords like the ones that protect your phone and hardware wallets) The court considers biometric data (facial recognition, finger printing) as less private than passcodes. Courts say “your biometrics are physical data” and not inherently designed or limited to being a privacy tool. Passcodes are considered “testimonial” while biometrics are not. {do with that information what you will}