“People of Walmart” & The Fifth Amendment: Can the Police Force You to Unlock Your Phone?

By: John Guidry

I realize that none of you are pigs. That being said, let’s review a common scenario.

• Scenario 1: An attractive woman is shopping in Aisle Five (Feminine Hygiene), and she finds herself surrounded by men. Are they purchasing awkward products for their lady at home, or checking her out?
• Scenario 2: A friend of mine worked for a major hardware store (the orange logo). Roughly 85% of the male employees’ radio chatter involved notifying others of “yoga pants in Aisle 12.”

The “People of Walmart”: “The Beautiful People” are not the only targets. Visit https://www.google.com/search?q=PeopleOfWalmart.com, and you will see things you cannot un-see. When folks at Walmart decide to reveal their private parts—either by not wearing clothes or bending over in skirts too short to permit bending—is it legal to snap a picture?

• The Law: Typically, public photography is legal. But it crosses into criminal territory when it involves “secretly viewing the body… at a place and time when that person has a reasonable expectation of privacy.”

Did the police seize your phone and demand your passcode?

You have the right to remain silent. Call John today at (407) 423-1117.

The Case: State v. Stahl (The Up-Skirt Voyeur)

Our story today started at a Walmart just like the one you never admit to shopping at.

• The Incident: A young lady noticed a man (Stahl) crouching down beside her. She saw him extending his arm, holding a cell phone under her skirt.
• The Arrest: Store video confirmed the shenanigans. Stahl was arrested for Video Voyeurism (a 3rd Degree Felony).
• The Phone: Police seized his iPhone 5. To convict him, they needed to see the video. But the phone was locked with a Passcode, and Stahl refused to tell them what it was.

The Constitutional Fight: The State filed a Motion to Compel, asking the Judge to force Stahl to cough up the code.

• The Defense: Stahl argued the Fifth Amendment: “No person… shall be compelled in any criminal case to be a witness against himself.”
• The Logic: Giving up a passcode is “Testimonial.” It requires you to use the “contents of your mind.”

The Ruling: Your Mind vs. Your Finger

The Fifth Amendment protects the “contents of your mind” (Testimony), but it does not protect your physical body.

• Physical Evidence: Police can force you to give fingerprints, handwriting samples, or blood. These are “non-testimonial.”
• Mental Evidence: Police cannot force you to write a confession.

The “Foregone Conclusion”: In State v. Stahl (2016), the Court ruled against Stahl. They held that because the State already knew the phone belonged to him (it was a “Foregone Conclusion”), asking for the passcode wasn’t asking him to “testify” about the crime; it was just asking for the key to the safe.

“Compelling a suspect to make a nonfactual statement that facilitates the production of evidence… does not offend the privilege.”

Stahl was forced to unlock the phone. A bit of our freedom slipped away that day.

John’s 2026 Update: The Biometric Trap & The S.O.S. Trick

Note: In 2016, Stahl fought over a passcode. In 2026, the police just use your face.

1. The Biometric Loophole (FaceID) Courts generally agree that a Passcode is “Testimonial” (in your mind), but FaceID/TouchID is “Physical” (on your body).

• The 2026 Reality: If you use FaceID, the police do not need to ask you for a code. They can legally hold the phone up to your face or press your thumb to the sensor while you are in handcuffs. The Fifth Amendment does not protect your face.

2. The “S.O.S.” Trick (Save Your Privacy) If you are being pulled over, you have about 5 seconds to convert your phone from “Physical” (FaceID) to “Mental” (Passcode).

• The Trick: On most iPhones, hold the Power Button + Volume Button for 3 seconds.
• The Result: This engages “S.O.S. Mode.” It instantly disables FaceID. The phone will now require the numeric passcode to unlock. By doing this, you force the police to fight the Fifth Amendment battle (which they might lose) rather than just scanning your face (which they will win).

3. The Cloud Warrant (The Backdoor) Even if you protect the phone, do not forget the Cloud.

• The Danger: If your photos backup to iCloud or Google Photos, the police don’t need your phone. They just subpoena Apple or Google. If you are doing things you don’t want the jury to see, turn off auto-backups.

Don’t Do It

If you are taking photos of people without their consent, you are committing a felony. But if you find yourself in handcuffs, do not help the police build their case. Lock the phone, disable FaceID, and call me.

Call me at (407) 423-1117. Let’s protect your digital rights.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.