In a new case that echoes Apple's past struggle with the FBI, the Department of Justice has been granted a warrant to search a home in Lancaster, California -- and all the smartphones inside of it -- for all "passwords, encryption keys, and other access devices that may be necessary to access" the various handsets and tablets discovered inside the location. Notably, this includes requiring every person inside the home to provide their fingerprints to the cops to bypass the biometric scanners of each device (via Forbes).

Filed May 9, 2016, a section of the warrant reads:

“authorization to depress the fingerprints and thumbprints of every person who is located at the SUBJECT PREMISES during the execution of the search and who is reasonably believed by law enforcement to be the user of a fingerprint sensor-enabled device that is located at the SUBJECT PREMISES and falls within the scope of the warrant.”

An anonymous person located at the home in question avoided providing details of the crime in question, but they did indicate that the warrant has been served. The person claimed that they did not know about the specifics of the warrant's parameters until it was served to them, and they are "trying to let this pass over" in the meantime.

iPhone-6s-Touch-ID
The case has been said to "shock" legal experts because of the legalese workaround used in the warrant. According to one expert, the government filed the warrant "on the assumption that they will learn more after they have a warrant," without providing any particulars as to what they plan to find at the home in question. This practice goes against the confines and scopes of usual warrants, and was seemingly an attempt to quietly include fingerprint data in the seizure of information.

Jennifer Lynch, senior staff attorney at the Electronic Frontier Foundation (EFF), added: “It’s not enough for a government to just say we have a warrant to search this house and therefore this person should unlock their phone. The government needs to say specifically what information they expect to find on the phone, how that relates to criminal activity and I would argue they need to set up a way to access only the information that is relevant to the investigation.

“The warrant has to be particular in how it describes the place to be searched and the thing to be seized and limited in scope. That’s why if a government suspects criminal activity to be happening on a property and there are 50 apartments in that property they have to specify which apartment and why and what they expect to find there.”

Lynch noted that "we've never seen anything like this," with the government's court filing revealing the first known attempt by the Department of Justice to acquire fingerprints of individuals in a certain location to unlock their smartphones. Lynch said that the filing cites "outdated cases" as the justification for bypassing self-incrimination laws to ultimately use a person's "body as evidence when it may be material."

“The reason I’m so concerned about this … is that it’s so broad in scope and the government is relying on these outdated cases to give it access to this amazing amount of information… The part the government is ignoring here is the vast amount of data that’s on the phone,” Lynch added.

“If this kind of thing became law then there would be nothing to prevent… a search of every phone at a certain location.”

Most recently, it was reported that the FBI was looking into "legal and technical options" for entering another iPhone, this one belonging to the culprit behind the Minnesota mall stabbings in September. The iOS version running on the iPhone is known only to the FBI, so if it's an older model (iOS 8 or prior) the government could potentially access it without the same drama that emerged following its request for Apple to unlock the San Bernardino shooter's iPhone earlier in the year.

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.

Related Forum: iPhone

Top Rated Comments

thatanonymoususer Avatar
114 months ago
And now both major candidates don't care about personal privacy. Clinton with her "Manhattan-like project" to break encryption, and Trump with his boycott Apple until they betray customers. I miss Bernie and his view on personal freedoms.
Score: 10 Votes (Like | Disagree)
NT1440 Avatar
114 months ago
I thought this was already settled. It's similar as a forced(warrant) blood draw, normal fingerprinting.
What?

They got a warrant to search a home, and in the warrant asserted they have the right to just find anything and look after the fact for evidence. That is fundamentally counter to how warrants are supposed to work.

There's no similarity here. This is a general warrant, the exact type of thing that lead to the Revolution in the first place.
Score: 10 Votes (Like | Disagree)
keysofanxiety Avatar
114 months ago
You asked for miracles Theo, I give you the F... B... I.



Attachment Image
Score: 8 Votes (Like | Disagree)
jettredmont Avatar
114 months ago
I thought this was already settled. It's similar as a forced(warrant) blood draw, normal fingerprinting.
It is not settled. There are conflicting rulings on the matter, but we aren't even dealing with the questionable area of case law in this case: in this case the warrant very explicitly goes against hundreds of years of case law.

Blood draws and normal fingerprinting are for identification of the individual and correlation with evidence found on the scene. The warrant for these is prima facie narrow and defined. A forced press of a fingerprint on a device - or even more directly forcing the user to unlock their device - is a search of a new locality and must be accompanied by narrow and defined expectations of what can be found: this is the thing that is alarming about this case.

Now, if the locality in question has a legitimate warrant against it then we get into the gray area about what a person can be specifically compelled to do to unlock it. Passwords are generally oddly considered speech, and can not be compelled, while fingerprints are generally oddly considered keys, which production can be compelled. The problem is that neither end really fits, and the distinction between a passcode and a key is arbitrary.

Again, though, we aren't there in this case, as reported here. There is no legitimate - by prior case law standards - warrant for the contents of these phones. The presence of a phone at a location does not inveigh suspicion on the contents of the phone. However, if this warrant is allowed to stand suddenly there is a precedent, which allows a warrant to be issued for all phones at any site of criminal activity etc. Not a good precedent to set, hence the EFF being on the case.
Score: 7 Votes (Like | Disagree)
nt5672 Avatar
114 months ago
This will never end unless people get wise and start standing up now. The first thing to do is to always vote to remove government power. New taxes, vote no, it does not matter how good intentioned they are. Incumbents, vote no, it does not matter what you think of them. The problems now are bigger than any one candidate, its the system and the corruption. Every day that goes by will make it harder to reverse.
Score: 6 Votes (Like | Disagree)
usarioclave Avatar
114 months ago
It shows how lazy law enforcement is getting. In the old days they'd just bug the house. Now they're like "well, let's just grab all the stuff off their phones and we'll find a crime later."
Score: 4 Votes (Like | Disagree)

Popular Stories

iPhone 17 Pro Lower Logo Feature 1

iPhone 17 Pro Coming Soon With These 14 New Features

Monday June 30, 2025 1:08 pm PDT by
Apple's next-generation iPhone 17 Pro and iPhone 17 Pro Max are less than three months away, and there are plenty of rumors about the devices. Apple is expected to launch the iPhone 17, iPhone 17 Air, iPhone 17 Pro, and iPhone 17 Pro Max in September this year. Below, we recap key changes rumored for the iPhone 17 Pro models:Aluminum frame: iPhone 17 Pro models are rumored to have an...
A18 Pro Chip

New MacBook With A18 Pro Chip Spotted in Apple Code

Monday June 30, 2025 8:05 am PDT by
Apple is developing a MacBook with the A18 Pro chip, according to findings in backend code uncovered by MacRumors. Earlier today, Apple analyst Ming-Chi Kuo reported that Apple is planning to launch a low-cost MacBook powered by an iPhone chip. The machine is expected to feature a 13-inch display, the A18 Pro chip, and color options that include silver, blue, pink, and yellow. MacRumors...
iPhone Car Key WWDC 2025

Apple Announces 13 Automakers Planning to Offer iPhone Car Keys

Friday June 27, 2025 11:42 am PDT by
In 2020, Apple added a digital car key feature to its Wallet app, allowing users to lock, unlock, and start a compatible vehicle with an iPhone or Apple Watch. The feature is currently offered by select automakers, including Audi, BMW, Hyundai, Kia, Genesis, Mercedes-Benz, Volvo, and a handful of others, and it is set to expand further. During its WWDC 2025 keynote, Apple said that 13...
maxresdefault

Five Features Coming to AirPods Pro 3

Friday June 27, 2025 10:52 am PDT by
Apple hasn't updated the AirPods Pro since 2022, and the earbuds are due for a refresh. We're counting on a new model this year, and we've seen several hints of new AirPods tucked away in Apple's code. Rumors suggest that Apple has some exciting new features planned that will make it worthwhile to upgrade to the latest model. Subscribe to the MacRumors YouTube channel for more videos. Heal...
macbook air spacegray purple

Apple Planning to Launch Low-Cost MacBook Powered By iPhone Chip

Monday June 30, 2025 3:20 am PDT by
Apple is planning to launch a low-cost MacBook powered by an iPhone chip, according to Apple analyst Ming-Chi Kuo. In an article published on X, Kuo explained that the device will feature a 13-inch display and the A18 Pro chip, making it the first Mac powered by an iPhone chip. The A18 Pro chip debuted in the iPhone 16 Pro last year. To date, all Apple silicon Macs have contained M-series...
anker power bank recall

PSA: Anker Recalls Multiple Power Banks Due to Fire Risk

Friday June 27, 2025 4:16 pm PDT by
Popular accessory maker Anker this month launched two separate recalls for its power banks, some of which may be a fire risk. The first recall affects Anker PowerCore 10000 Power Banks sold between June 1, 2016 and December 31, 2022 in the United States. Anker says that these power banks have a "potential issue" with the battery inside, which can lead to overheating, melting of plastic...
Chase Sapphire Reserve Apple Perk Feature

Chase Sapphire Reserve Card Introduces New Perk for Apple Customers

Wednesday June 25, 2025 2:08 pm PDT by
Chase this week announced a series of new perks for its premium Sapphire Reserve credit card, and one of them is for a pair of Apple services. Specifically, the credit card now offers complimentary annual subscriptions to Apple TV+ and Apple Music, a value of up to $250 per year. If you are already paying for Apple TV+ and/or Apple Music directly through Apple, those subscriptions will...
replay all time playlist apple music

Apple Music Debuts All-New Personalized Playlist

Monday June 30, 2025 7:16 am PDT by
As part of its 10-year celebrations of Apple Music, Apple today released an all-new personalized playlist that collates your entire listening history. The playlist, called "Replay All Time," expands on Apple Music's existing Replay features. Previously, users could only see their top songs for each individual calendar year that they've been subscribed to Apple Music, but now, Replay All...