First Case Surfaces of Law Enforcement Forcing Suspect to Unlock iPhone With Face ID

A Forbes report has highlighted the first known case of law enforcement forcing a suspect to unlock an iPhone using Face ID.

The incident reportedly happened in August when federal agents obtained a warrant to search the house of a man in Columbus, Ohio, as part of a child abuse investigation.

faceidscaniphonex

Apple marketing image for Face ID

According to case documents, FBI agents got 28-year-old Grant Michalski to put his face in front of his iPhone X to activate the Face ID facial authentication.

After the device was unlocked, investigators looked through Michalski's chat history, photos, and other files stored on the phone. Evidence discovered on the device was used to charge the suspect later that month with receiving and possessing child pornography.

Several previous cases have occurred where law enforcement has gained access to digital data by forcing people to unlock mobile devices using their fingers. One case even reportedly involved trying to use the finger of a dead person to unlock a phone, which ultimately didn't work.

However, this appears to be the first case in which Face ID has been used, so it's likely to reignite debate over where the law stands in relation to biometric authentication methods.

In the United States, forcing someone to give up a password is interpreted as self-incrimination, which is protected by the fifth amendment and against the law. Nevertheless, courts have ruled that there's a difference between a biometric recognition system like Touch ID and a passcode that you type into your phone.

In the case highlighted by Forbes, the FBI was eventually locked out of the phone and had to gain a second search warrant to allow them to conduct a more thorough search of the device using a third-party unlocking solution, likely similar to Grayshift.

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

New Things Your iPhone Can Do in iOS 18

20 New Things Your iPhone Can Do in iOS 18.2

Monday December 16, 2024 8:55 am PST by
Apple released iOS 18.2 in the second week of December, bringing the second round of Apple Intelligence features to iPhone 15 Pro and iPhone 16 models. This update brings several major advancements to Apple's AI integration, including completely new image generation tools and a range of Visual Intelligence-based enhancements. Apple has added a handful of new non-AI related feature controls as...
iphone 16 apple intelligence

Apple Drops Plans for iPhone Hardware Subscription Service

Wednesday December 18, 2024 11:39 am PST by
Apple is no longer planning to launch a hardware subscription service that would let customers "subscribe" to get a new iPhone each year, reports Bloomberg's Mark Gurman. Gurman first shared rumors about Apple's work on a hardware subscription service back in 2022, and at the time, he said that Apple wanted to develop a simple system that would allow customers to pay a monthly fee to gain...
iPhone 17 Pro Dual Tone Feature 1

iPhone 17 Pro Rumored to Stick With 'Triangular' Camera Design

Wednesday December 18, 2024 2:36 am PST by
Contrary to recent reports, the iPhone 17 Pro will not feature a horizontal camera layout, according to the leaker known as "Instant Digital." In a new post on Weibo, the leaker said that a source has confirmed that while the appearance of the back of the iPhone 17 Pro has indeed changed, the layout of the three cameras is "still triangular," rather than the "horizontal bar spread on the...
elevation lab airtag battery

Your AirTag's Battery Will Last for Up to 10 Years With Elevation Lab's New TimeCapsule Enclosure

Wednesday December 18, 2024 10:05 am PST by
Elevation Lab today announced the launch of TimeCapsule, an innovative and simple solution for increasing the battery life of Apple's AirTag. Priced at $20, TimeCapsule is an AirTag enclosure that houses two AA batteries that offer 14x more battery capacity than the CR2032 battery that the AirTag runs on. It works by attaching the AirTag's upper housing to the built-in custom contact in the...
apple tv 4k yellow bg feature

New Apple TV Rumored to Launch Next Year With These Features

Tuesday December 17, 2024 9:02 am PST by
The current Apple TV 4K was released more than two years ago, so the streaming device is becoming due for a hardware upgrade soon. Fortunately, it was recently rumored that a new Apple TV will launch at some point next year. Below, we recap rumors about the next-generation Apple TV. Bloomberg's Mark Gurman last week reported that Apple has been working on its own combined Wi-Fi and...
blackmagic vision pro

Blackmagic Debuts $30K 3D Camera for Capturing Video for Vision Pro

Monday December 16, 2024 4:17 pm PST by
Blackmagic today announced that its URSA Cine Immersive camera is now available for pre-order, with deliveries set to start late in the first quarter of 2025. Blackmagic says that this is the world's first commercial camera system designed to capture 3D content for the Vision Pro. The URSA Cine Immersive camera was first introduced in June, but it has not been available for purchase until...
mac pro creativity

Apple Launched the Controversial 'Trashcan' Mac Pro 11 Years Ago Today

Thursday December 19, 2024 7:00 pm PST by
Apple launched the controversial "trashcan" Mac Pro eleven years ago today, introducing one of its most criticized designs that persisted through a period of widespread discontentment with the Mac lineup. The redesign took the Mac Pro in an entirely new direction, spearheaded by a polished aluminum cylindrical design that became unofficially dubbed the "trashcan" in the Mac community. All of ...
iPhone 17 Slim Feature

'iPhone 17 Air' With 'Major' Design Changes and 19-Inch MacBook Detailed in New Report

Sunday December 15, 2024 9:47 am PST by
Apple is planning a series of "major design" and "format changes" for iPhones over the next few years, according to The Wall Street Journal's Aaron Tilley and Yang Jie. The paywalled report published today corroborated the widely-rumored "iPhone 17 Air" with an "ultrathin" design that is thinner than current iPhone models. The report did not mention a specific measurement, but previous...

Top Rated Comments

ammon Avatar
81 months ago
I just don't understand how moral stuff works in America. If with a warrant to search a house one is forced to let the police in, eventually things might be seized, why someone letting the police in a phone should be any different? Phones, computer or whatever. A judge warrant is a warrant.
The issue is the 5th amendment in the bill of rights, which basically says you can't be forced to testify against yourself. (That includes providing password to your devices and/or accounts) Just because someone has a warrant to search your house for physical evidence, doesn't mean they have a warrant to search you brain for thoughts and memories.

Take for example an off-shore bank account. With a search warrant for your house, they can't put you in front of your computer and force you to log into your bank's website. Instead they would also need to get a warrant for the bank and get your records that way. (although, depending on the country, the bank isn't required to comply)

However, now that our physical bodies are our passwords (fingers/faces), it is an area of the law that should be defined better. Is forcing someone to look into their Face ID camera or put their finger on a Touch ID scanner considered forcing them to testify against themselves? If so, and I believe it is, it is unconstitutional.
Score: 36 Votes (Like | Disagree)
Nuno Lopes Avatar
81 months ago
If with a warrant to search a house one is forced to let the police in, eventually things might be seized, why someone letting the police in a phone should be any different? Phones, computer or whatever. A judge warrant is a warrant.

This context is not about privacy.

Privacy would be some company or individual having access to your private data without your consent (or not under a judge warrant).

If America starts to distrust its judiciary system and taking privacy, protection (guns etc) to its own hands (including "hiring" private companies like Apple) because the system is failing, the fabric of democracy .... dark and hot ages ahead I predict.

I repeat, this is not about privacy.
Score: 25 Votes (Like | Disagree)
PBG4 Dude Avatar
81 months ago
Huh ? How's even possible for such a rule to exist ? We're talking about two different methods to access the same device/information. Under which logic only one of the two methods is protected by law against self-incrimination and not the other ? So, if one uses passcode is entitled to deny to unlock his/her device but in any other case government has the right to demand to a person to self-incriminate ?
You can’t hide your fingerprint/face. Therefore it is not covered under the fifth amendment. Passcodes have to be pulled from memory, which violates fifth amendment rights against self-incrimination. It’s why you have 5-click biometric unlock bypass in iOS now. Five clicks of the power button and a passcode must be entered. Said passcode is protected by fifth amendment privileges.
Score: 19 Votes (Like | Disagree)
jennyp Avatar
81 months ago
If you have the setting "Require Attention for Face ID" on, then you have to have your eyes properly open to unlock the phone. With that setting on I find that it will stay locked if I look at it by squinting.
Score: 14 Votes (Like | Disagree)
justiny Avatar
81 months ago
If the cops only asked and he cooperated, then I’m not sure how this is even newsworthy.

Anyone can ask anything they want.
Score: 14 Votes (Like | Disagree)
hudson1 Avatar
81 months ago
I'm far more worried about criminals getting into my phone to harvest passwords and accounts info than I am about law enforcement getting in.
Score: 12 Votes (Like | Disagree)