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

iOS 26 on iPhone Feature

Here's When iOS 26 Rolls Out Today in Every Time Zone [Update: Out Now!]

Monday September 15, 2025 12:00 am PDT by
Update 10:06 a.m.: iOS 26 is rolling out now, though it may take a bit for all users to see it, so keep checking! Today's the day! Apple is about to release iOS 26, which will deliver the biggest redesign since iOS 7 and bring a range of new features and improvements to iPhones worldwide. It's Apple's biggest software update of the year, and Apple announced at last week's iPhone event that...
iOS 26 Battery Glass Feature

Apple Says Installing iOS 26 Might Impact Battery Life

Monday September 15, 2025 10:56 am PDT by
In the iOS 26 release notes, Apple is warning iPhone users that installing the new software might have a temporary impact on battery life, which is normal. A new support document explains that major iOS updates require background setup like indexing data and files for search, downloading new assets, and updating apps. Further, Apple says that new features could require more resources,...
Tim Cook Rainbow

Apple Reportedly Plans to Launch These 10 Products in 'Coming Months'

Sunday September 14, 2025 8:45 am PDT by
Apple's annual September event is now in the rearview mirror, with the iPhone 17, iPhone 17 Pro, iPhone 17 Pro Max, iPhone Air, Apple Watch Series 11, Apple Watch Ultra 3, Apple Watch SE 3, and AirPods Pro 3 set to launch this Friday, September 19. As always, there is more to come. In his Power On newsletter today, Bloomberg's Mark Gurman said Apple plans to release many products in the...
AirPods Pro Firmware Feature

AirPods Pro 2 and AirPods 4 Get iOS 26 Features With New Firmware Update

Monday September 15, 2025 10:50 am PDT by
Apple today released updated firmware for the AirPods Pro 2 and the AirPods 4, introducing support for the new AirPods features that are included in iOS 26, iPadOS 26, and macOS Tahoe. The firmware has a build number of 8A356, and it replaces the current 7E93 firmware. With Apple's new software updates, the AirPods Pro 2 and the AirPods 4 support better audio quality for phone calls and...
iphone 17 lineup

iPhone 17 Models Launch on September 19 With These New Features

Friday September 12, 2025 7:58 am PDT by
Apple will launch its new iPhone 17 lineup and ultra-thin iPhone Air in stores on Friday, September 19, and the company has already shown off the new devices at its fall event, which ran with the the tagline "Awe dropping." The iPhone 17 series brings a host of new features and enhancements. Here's a rundown of the biggest upgrades and changes: iPhone 17 Display Changes The iPhone...
iOS 26 Feature

iOS 26 Available Now With These 8 New Features

Monday September 15, 2025 5:45 am PDT by
Following three months of beta testing, iOS 26 was released today, September 15. The update is compatible with the iPhone 11 series and newer, and it is available to install via the Settings app, under General → Software Update. Below, we have highlighted eight new features included in iOS 26. Even more new features and changes are outlined in Apple's release notes for the update. Some of ...
iPhone 17 Pro Air Boxes

iPhone Air and iPhone 17 Pro Boxes Revealed

Sunday September 14, 2025 1:36 pm PDT by
T-Mobile President Jon Freier today shared real-world photos of Apple's boxes for the iPhone Air, iPhone 17 Pro, and iPhone 17 models, which launch on Friday. Image Credit: Jon Freier Apple has typically included iPhone box renders in its product environmental reports, but it did not do so for the latest models. However, Apple's iPhone Upgrade Program page does offer some images of the boxes, ...

Top Rated Comments

Aldaris Avatar
122 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
122 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
122 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
122 months ago
"Oh wait, was it this finger or that one? I don't remember..."
Score: 18 Votes (Like | Disagree)
mariusignorello Avatar
122 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
122 months ago
with a warrant i see no issue
Score: 15 Votes (Like | Disagree)