Judge Grants Search Warrant Forcing Woman to Unlock iPhone With Touch ID

touch_id_fingerFor the first time in a federal case, authorities in a Los Angeles courtroom have issued a search warrant forcing a woman to bypass her iPhone's biometric security using Apple's Touch ID system (via LA Times). The woman in question -- Paytsar Bkhchadzhyan -- was arrested due to charges of identity theft and had previous strings of various criminal convictions.

According to jail records, U.S. Magistrate Judge Alicia Rosenberg signed the Touch ID-related search warrant about 45 minutes after Bkhchadzhyan was taken into custody on February 25. By the afternoon of her arrest, the suspect pleaded no contest to the charges of identity theft and gave the court her fingerprint to unlock the iPhone.

Police recovered Bkhchadzhyan's smartphone at the residence of her boyfriend, Sevak Mesrobian, known to be the member of a local gang, so it's unclear whether the contents of the device were sought after due to Bkhchadzhyan's crimes or her proximity to Mesrobian's gang.

The court's decision in the case follows the thin rules regarding a person's Fifth Amendment's protection against self-incrimination, which relates that numeric passcodes are protected individual privacies, but fingerprints are not. For this reason, some believe new modern laws need to be enacted specifically detailing fingerprint-related security features.

"It isn't about fingerprints and the biometric readers," said Susan Brenner, a law professor at the University of Dayton who studies the nexus of digital technology and criminal law, but rather, "the contents of that phone, much of which will be about her, and a lot of that could be incriminating."

Even with the limited outlines of the inquiry, Brenner said the act of compelling a person in custody to press her finger against a phone breached the Fifth Amendment's protection against self-incrimination. It forced Bkchadzhyan to testify — without uttering a word — because by moving her finger and unlocking the phone, she authenticated its contents.

Still, others believe the biometric nature of Touch ID might largely follow in line with the 5th Amendment's prohibition of self-incrimination. "Unlike disclosing passcodes, you are not compelled to speak or say what's 'in your mind' to law enforcement," Albert Gidari, the director of privacy at Stanford Law School's Center for Internet and Society, said. "'Put your finger here' is not testimonial or self-incriminating."

This line of thinking flows directly from a 2014 case in Virginia, wherein a judge ruled that a man could not be ordered to present his passcode to the court, because that "entailed revealing knowledge and therefore testifying." Using Touch ID on his iPhone was ruled legal, however, and compared to providing the court with a key, instead of divulging information known only to him.

Although unrelated, the Los Angeles case follows a couple of months of heated debate between Apple and the FBI, as the government agency attempted to compel Apple into helping it hack into the iPhone of San Bernardino shooter Syed Farook. Eventually the FBI withdrew its lawsuit after finding its own way into the iPhone 5c, which reportedly cost the agency less than $1 million.

Note: Due to the political nature of the discussion regarding this topic, the discussion thread is located in our Politics, Religion, Social Issues forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

Popular Stories

Apple CarPlay Ultra instrument cluster themes 01

Apple's CarPlay Ultra Is Here – Does Your iPhone Support It?

Thursday May 15, 2025 5:17 am PDT by
Apple's recently announced CarPlay Ultra promises a deeply integrated in-car experience, but not all iPhone users will be able to take advantage of the new feature. According to Apple's press release, CarPlay Ultra requires an iPhone 12 or later running iOS 18.5 or later. This means if you're using an iPhone 11, iPhone XR, or any older model, you'll need to upgrade your device to access...
Apple CarPlay Ultra instrument cluster themes 01

Apple's 'CarPlay Ultra' Experience Now Available

Thursday May 15, 2025 5:07 am PDT by
Apple today announced that its next-generation CarPlay experience, now dubbed "CarPlay Ultra" begins rolling out today, starting with Aston Martin vehicles. Subscribe to the MacRumors YouTube channel for more videos. CarPlay Ultra is now available with new Aston Martin vehicle orders in the U.S. and Canada. It will also be available for existing models that feature the brand's next-generation ...
CarPlay Ultra Climate Controls

Apple Says These Vehicle Brands Plan to Offer All-New CarPlay Ultra

Thursday May 15, 2025 8:13 am PDT by
Apple today announced the launch of CarPlay Ultra, the long-awaited next-generation version of its CarPlay software system for vehicles. CarPlay Ultra features deep integration with a vehicle's instrument cluster and systems, built-in Radio and Climate apps, customizable widgets, and more. The interface is tailored to each vehicle model and automaker's identity, and drivers can also adjust...
vision pro video recording

WSJ: Some Apple Vision Pro Buyers 'Feel Total Regret'

Friday May 16, 2025 7:43 am PDT by
Apple's Vision Pro headset has left many early adopters expressing dissatisfaction over its weight, limited use cases, and sparse software ecosystem, according to a new article from The Wall Street Journal. In the year following the device's launch, user feedback suggests that it has failed to meet expectations for comfort, software support, and social acceptance. In interviews conducted by T...
iPhone 17 Air Pastel Feature

iPhone 17 Air Battery Capacity and Weight Allegedly Revealed

Monday May 19, 2025 2:22 am PDT by
Apple is expected to launch an all-new ultra-thin iPhone 17 Air later this year, and while there have been plenty of rumors about the camera's overall design and thinness, we haven't heard any details about the device's weight and battery capacity until now. According to the leaker going by the account name "yeux1122" on the Korean-langauge Naver blog, the 6.6-inch iPhone 17 Air has a weight ...
iPhone 17 Air Pastel Feature

iPhone 17 Air Could Debut Advanced Silicon Battery Tech

Friday May 16, 2025 8:00 am PDT by
The upcoming all-new ultra-thin iPhone 17 Air could become the first Apple smartphone to adopt advanced battery technology, with Japanese supplier TDK preparing to ship its new generation of silicon-anode batteries by the end of June. According to DigiTimes, TDK CEO Noboru Saito revealed in a recent interview that the Apple supplier has accelerated its production timeline, moving shipments...

Top Rated Comments

Aldaris Avatar
118 months ago
How about an auto-destruct wipe finger.

Say you put your middle finger and all your phones content gets wiped.
Score: 36 Votes (Like | Disagree)
jayducharme Avatar
118 months ago
If you're arrested for allegedly committing a crime and the courts order you to use your physical key to open a safe deposit box so they can examine the contents, is that legal? It seems like this case would be no different, with a key of a more modern kind being used to access the files.
Score: 22 Votes (Like | Disagree)
WordsmithMR Avatar
118 months ago
Well there you go. Privacy is essentially over, as is our fifth amendment right. Not an advocate for criminals but this slippery slope leads to a lot more than criminal persecution.
Score: 21 Votes (Like | Disagree)
rdlink Avatar
118 months ago
"Oh wait, was it this finger or that one? I don't remember..."
Score: 18 Votes (Like | Disagree)
mariusignorello Avatar
118 months ago
I do.
[doublepost=1462205532][/doublepost]
that would be great.
The minute you see the police restart your phone.
Score: 17 Votes (Like | Disagree)
sputnikv Avatar
118 months ago
with a warrant i see no issue
Score: 15 Votes (Like | Disagree)