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

When Will Apple Release iOS 26.2?

Monday December 1, 2025 4:37 pm PST by
We're getting closer to the launch of the final major iOS update of the year, with Apple set to release iOS 26.2 in December. We've had three betas so far and are expecting a fourth beta or a release candidate this week, so a launch could follow as soon as next week. Past Launch Dates Apple's past iOS x.2 updates from the last few years have all happened right around the middle of the...
ios 18 to ios 26 upgrade

Apple Pushes iPhone Users Still on iOS 18 to Upgrade to iOS 26

Tuesday December 2, 2025 11:09 am PST by
Apple is encouraging iPhone users who are still running iOS 18 to upgrade to iOS 26 by making the iOS 26 software upgrade option more prominent. Since iOS 26 launched in September, it has been displayed as an optional upgrade at the bottom of the Software Update interface in the Settings app. iOS 18 has been the default operating system option, and users running iOS 18 have seen iOS 18...
maxresdefault

iPhone Fold: Launch, Pricing, and What to Expect From Apple's Foldable

Monday December 1, 2025 3:00 am PST by
Apple is expected to launch a new foldable iPhone next year, based on multiple rumors and credible sources. The long-awaited device has been rumored for years now, but signs increasingly suggest that 2026 could indeed be the year that Apple releases its first foldable device. Subscribe to the MacRumors YouTube channel for more videos. Below, we've collated an updated set of key details that ...
iOS 26

Apple Seeds iOS 26.2 and iPadOS 26.2 Release Candidates to Developers and Public Beta Testers

Wednesday December 3, 2025 10:33 am PST by
Apple today seeded the release candidate versions of upcoming iOS 26.2 and iPadOS 26.2 updates to developers and public beta testers, with the software coming two weeks after Apple seeded the third betas. The release candidates represent the final versions of iOS 26.2 and iPadOS 26.2 that will be provided to the public if no further bugs are found during this final week of testing....
Photos App Icon Liquid Glass

John Gruber Shares Scathing Commentary About Apple's Departing Software Design Chief

Thursday December 4, 2025 9:30 am PST by
In a statement shared with Bloomberg on Wednesday, Apple confirmed that its software design chief Alan Dye will be leaving. Apple said Dye will be succeeded by Stephen Lemay, who has been a software designer at the company since 1999. Meta CEO Mark Zuckerberg announced that Dye will lead a new creative studio within the company's AR/VR division Reality Labs. On his blog Daring Fireball,...
iphone 17 cyber

iPhone 17 Demand Is Breaking Apple's Sales Records

Tuesday December 2, 2025 9:44 am PST by
Apple's iPhone 17 lineup is selling well enough that Apple is on track to ship more than 247.4 million total iPhones in 2025, according to a new report from IDC. Total 2025 shipments are forecast to grow 6.1 percent year over year due to iPhone 17 demand and increased sales in China, a major market for Apple. Overall worldwide smartphone shipments across Android and iOS are forecast to...
Touchscreen MacBook Feature

Here Are the Four MacBooks Apple Is Expected to Launch Next Year

Monday December 1, 2025 5:00 am PST by
2026 could be a bumper year for Apple's Mac lineup, with the company expected to announce as many as four separate MacBook launches. Rumors suggest Apple will court both ends of the consumer spectrum, with more affordable options for students and feature-rich premium lines for users that seek the highest specifications from a laptop. Below is a breakdown of what we're expecting over the next ...
iOS 26

15 New Things Your iPhone Can Do in iOS 26.2

Friday December 5, 2025 9:40 am PST by
Apple is about to release iOS 26.2, the second major point update for iPhones since iOS 26 was rolled out in September, and there are at least 15 notable changes and improvements worth checking out. We've rounded them up below. Apple is expected to roll out iOS 26.2 to compatible devices sometime between December 8 and December 16. When the update drops, you can check Apple's servers for the ...
iphone air camera

iPhone Air's Resale Value Has Dropped Dramatically, Data Shows

Thursday December 4, 2025 5:27 am PST by
The iPhone Air has recorded the steepest early resale value drop of any iPhone model in years, with new data showing that several configurations have lost almost 50% of their value within ten weeks of launch. According to a ten-week analysis published by SellCell, Apple's latest lineup is showing a pronounced split in resale performance between the iPhone 17 models and the iPhone Air....
iPhone 17 Pro Cosmic Orange

iPhone 17 Pro Lost a Camera Feature Pro Models Have Had Since 2020

Thursday December 4, 2025 5:18 am PST by
iPhone 17 Pro models, it turns out, can't take photos in Night mode when Portrait mode is selected in the Camera app – a capability that's been available on Apple's Pro devices since the iPhone 12 Pro in 2020. If you're an iPhone 17 Pro or iPhone 17 Pro Max owner, try it for yourself: Open the Camera app with Photo selected in the carousel, then cover the rear lenses with your hand to...

Top Rated Comments

Aldaris Avatar
125 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
125 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
125 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
125 months ago
"Oh wait, was it this finger or that one? I don't remember..."
Score: 18 Votes (Like | Disagree)
mariusignorello Avatar
125 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
125 months ago
with a warrant i see no issue
Score: 15 Votes (Like | Disagree)