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

iPhone SE 4 Vertical Camera Feature

iPhone SE 4 Production Will Reportedly Begin Ramping Up in October

Tuesday July 23, 2024 2:00 pm PDT by
Following nearly two years of rumors about a fourth-generation iPhone SE, The Information today reported that Apple suppliers are finally planning to begin ramping up mass production of the device in October of this year. If accurate, that timeframe would mean that the next iPhone SE would not be announced alongside the iPhone 16 series in September, as expected. Instead, the report...
iPhone 17 Plus Feature

iPhone 17 Lineup Specs Detail Display Upgrade and New High-End Model

Monday July 22, 2024 4:33 am PDT by
Key details about the overall specifications of the iPhone 17 lineup have been shared by the leaker known as "Ice Universe," clarifying several important aspects of next year's devices. Reports in recent months have converged in agreement that Apple will discontinue the "Plus" iPhone model in 2025 while introducing an all-new iPhone 17 "Slim" model as an even more high-end option sitting...
Generic iPhone 17 Feature With Full Width Dynamic Island

Kuo: Ultra-Thin iPhone 17 to Feature A19 Chip, Single Rear Camera, Semi-Titanium Frame, and More

Wednesday July 24, 2024 9:06 am PDT by
Apple supply chain analyst Ming-Chi Kuo today shared alleged specifications for a new ultra-thin iPhone 17 model rumored to launch next year. Kuo expects the device to be equipped with a 6.6-inch display with a current-size Dynamic Island, a standard A19 chip rather than an A19 Pro chip, a single rear camera, and an Apple-designed 5G chip. He also expects the device to have a...
iPhone 16 Pro Sizes Feature

iPhone 16 Series Is Less Than Two Months Away: Everything We Know

Thursday July 25, 2024 5:43 am PDT by
Apple typically releases its new iPhone series around mid-September, which means we are about two months out from the launch of the iPhone 16. Like the iPhone 15 series, this year's lineup is expected to stick with four models – iPhone 16, iPhone 16 Plus, iPhone 16 Pro, and iPhone 16 Pro Max – although there are plenty of design differences and new features to take into account. To bring ...
icloud private relay outage

iCloud Private Relay Experiencing Outage

Thursday July 25, 2024 3:18 pm PDT by
Apple’s iCloud Private Relay service is down for some users, according to Apple’s System Status page. Apple says that the iCloud Private Relay service may be slow or unavailable. The outage started at 2:34 p.m. Eastern Time, but it does not appear to be affecting all iCloud users. Some impacted users are unable to browse the web without turning iCloud Private Relay off, while others are...
iPhone 17 Plus Feature Purple

iPhone 17 Rumored to Feature Mechanical Aperture

Tuesday July 23, 2024 9:32 am PDT by
Apple is planning to release at least one iPhone 17 model next year with mechanical aperture, according to a report published today by The Information. The mechanical system would allow users to adjust the size of the iPhone 17's aperture, which refers to the opening of the camera lens through which light enters. All existing iPhone camera lenses have fixed apertures, but some Android...

Top Rated Comments

Aldaris Avatar
108 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
108 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
108 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
108 months ago
"Oh wait, was it this finger or that one? I don't remember..."
Score: 18 Votes (Like | Disagree)
mariusignorello Avatar
108 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
108 months ago
with a warrant i see no issue
Score: 15 Votes (Like | Disagree)