Hey there!

Today, you and I are on a mission: we’re gonna bust some legal myths. 

Cops can’t unlock your phone without a warrant, right? Faking your own death is completely illegal, right? And driving a tank around town, no way that’s allowed... or is it? 

Turns out, there’s a whole list of things people think are illegal but aren’t. Today, we’re tackling a few of the most shocking ones.

First, we’re going to talk about whether the cops can make you unlock your phone, and what you can do now to keep your privacy safe.

Can the police make you unlock your phone?

Do you use Face ID or your fingerprint to unlock your phone?

If so, here’s a heads-up: cops might be able to force you to unlock it without needing a warrant.

Pay attention if you want to keep your most devious memes and sus search history safe from the prying eyes of the police...

Let’s take a look at the law…

In a recent case (USA v Payne, 2024), a court tackled this exact issue.

Here’s the scoop: A guy named Mr. Payne gets pulled over. The cops take his thumb, press it to his phone’s fingerprint scanner, and voila, phone unlocked. They find his address, raid his house, and discover a stash of naughty stuff. 

Here’s the big legal question: Did the police have the right to use his thumb to unlock his phone without a warrant?

To figure this out, the court looked at his 5th Amendment rights.

Did you know this about the 5th Amendment?

The 5th Amendment protects you from being compelled by law enforcement to incriminate yourself. It basically says, “You can’t make me spill the beans if it’s going to get me in trouble”. 

Now, this protection works great when it comes to testimonial acts... that’s legal speak for actions that reveal what’s in your mind, like telling the police a password. 

However, the 5th Amendment protection doesn’t work so well for non-testimonial acts... things that don't require you to share your thoughts. Using your fingerprint isn’t a “testimonial act” because you’re not sharing knowledge.

So, what did the court say?

In Mr. Payne’s case, the court ruled that it was totally legal for the cops to use his thumb to unlock his phone without a warrant. 

Their reasoning? It’s just like taking fingerprints when you get booked into jail. No brainpower, no 5th Amendment protection. 

But keep in mind, this decision came from the Ninth Circuit Court of Appeals, so it really only sets the rules for states like California, Arizona, and a few other states in the West. Courts in other places might see things differently.

Want to handle real-life situations like a pro?

I'm putting together some short guides about specific areas of the law that will include videos and resources for you to make sure you know the law inside and out.

The mission is to ensure you’re ahead of 99% of people when it comes to knowing your most important rights.

Want to be the first to get access? Join the waitlist here!

I bet you thought this was illegal too...

Test your friends’ and family’s legal smarts with these baffling legal surprises...

1. You can’t drive a tank on the streets, right?

Ever dreamed of rolling up to the store in a tank?

Turns out, you can! In some places with the right permits, insurance, and a tank that's disarmed and road-legal, you could technically take your armored ride for a spin.

Local laws may limit where you can drive it, so check before rolling up to your favorite coffee shop in 60 tons of steel.

2. There’s no way you can legally fake your death, is there?

Oddly, faking your death isn’t illegal on its own... but if you do it to dodge debts or fraud, that’s where you’ll run into serious legal trouble.

Trying to escape debt, criminal charges, or other obligations this way can have severe penalties.

3. They can’t actually sell R-rated tickets to kids, can they?

Admit it, you’ve put on a deep voice to score an R-rated ticket at the movies before!

Turns out, it’s not actually illegal to sell R-rated tickets to kids.

Ratings are guidelines, not law. Theaters can choose to enforce them, but there’s no legal requirement to keep kids out of R-rated films.

4. Marrying your step-sibling has to be illegal, right?

It’s taboo, it’s frowned upon, and it might raise some eyebrows... but it’s not illegal.

Since step-siblings aren’t related by blood, they’re not bound by consanguinity laws, which apply only to biological relatives.

5. Cops can’t actually lie to you, can they?

Yep, cops can legally lie to you in an interview. The Supreme Court says it’s fair game, so officers might bend the truth a bit to get you talking... as long as they’re not going overboard with threats or pushing too hard.

There are some strict limits too. They can’t force a confession out of you by making extreme promises or lying about your rights, like telling you that you don’t need a lawyer when you actually do.

That’s it for today. Until next Tuesday, this case is closed.

But if you’re hungry for more legal insights already, make sure you go check out some of my recent posts... links are at the bottom of this email!

Speak soon

Mike