Federal Court judge is forcing a woman to unlock her iPhone using Touch ID

Federal Court judge is forcing a woman to unlock her iPhone using Touch ID
Once again, we have a story about an Apple iPhone, a judge, and law enforcement officials who want the phone unlocked so that they can look for evidence on it. The FBI, in this case, fears that it will trigger the feature that automatically wipes an iPhone after ten unsuccessful attempts at cracking the passcode. 

Paytsar Bkhchadzhyan, a 29-year old woman from L.A., was recently served with a search warrant obtained by the FBI that forces her to unlock her iPhone using Touch ID. She had pleaded no contest to identity theft and the iPhone had been seized by authorities at her boyfriend's house. Her main squeeze is allegedly an Armenian gang member by the name of Sevak Mesrobian, and searching through her phone is supposedly part of an investigation that has been underway for some time.

Considering that the U.S. Supreme Court has already said that cops can search though a handset with a valid warrant, and that fingerprints of a suspect can be obtained without a judge ordering it, it would make sense that the Federal judge should be able to coerce someone to unlock their iPhone via the touch of a finger. But others believe that law enforcement should be held to a higher standard when it comes to getting a suspect to unlock their phone using a fingerprint scanner, because it could open the proverbial Pandora's box of personal information.

Susan Brenner, a law professor at the University of Dayton, says that by unlocking the phone, Bkhchadzhyan could be committing a self-incriminating act that violates the 5th Amendment. Albert Gidari, the director of privacy at Stanford Law School's Center for Internet and Society, disagrees. He says that touching the fingerprint scanner on her iPhone does not violate Bkhchadzhyan's Fifth Amendment rights because "Unlike disclosing passcodes, you are not compelled to speak or say what's 'in your mind' to law enforcement. 'Put your finger here' is not testimonial or self-incriminating."


source: LATimes via PCMag

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23 Comments

2. Derekjeter

Posts: 1466; Member since: Oct 27, 2011

This is why i started using clouds and snap chat and not have anything on the phone. Its crazy what people hide in their phones.

6. Unordinary unregistered

Or the moron could have just restarted her phone so it would HAVE to require the PW to unlock.

8. epdm2be

Posts: 819; Member since: Apr 20, 2012

Fool. Are you that naïve thinking that the police don't come at a tea-party at these clouds? Most of them give the info nice wrapped up even without a warrant.

3. Arch_Fiend

Posts: 3951; Member since: Oct 03, 2015

That is why you into icloud and wipe your phone if the police take it. Or would that not work in getting rid of any evidence?

4. aikoo

Posts: 129; Member since: Feb 27, 2016

The law needs to catch up with technology. These Apple related government crimes/lawsuits are getting old.

5. RoboticEngi

Posts: 1251; Member since: Dec 03, 2014

Narh its the same. Ifølge you are at suspect, law enforcement will search you and your phone. Its just that apple and a bunch of sheep suddenly think that they don't have to obey the law....

12. 47AlphaTango

Posts: 718; Member since: Sep 27, 2015

Oh? But did apple stop the government from unlocking the terrorist iphone? Even thou nothing was found inside the terrorist iphone 5c. There are other similar cases(But not all of them are terrorist related. Now if this was on android. Would you obey the law or not?

13. Jimrod

Posts: 1605; Member since: Sep 22, 2014

Don't worry, he's got a limited vocabulary, he just knows to say "sheep" and accuse Apple or people who use their products of something because that guarantees you some green thumbs around here. To me, judging someone by the electronic device they choose to use is just evidence of a tiny, bitter mind.

22. marorun

Posts: 5029; Member since: Mar 30, 2015

For me judging someone by what they do is logical. If you buy something for brand instead of quality its show you a pretty pathetic persons.

24. RoboticEngi

Posts: 1251; Member since: Dec 03, 2014

Ofc i would. It's the law. No matter what brand my phone is.

23. krystian

Posts: 423; Member since: Mar 16, 2016

They could just get the fbi to unlock it if they have the finger prints on file. But they don't want to waste the resources and money. They would of course have to seize the phone as well.

7. Shibam

Posts: 1; Member since: May 01, 2016

Really great news.

9. siddharthayadav202

Posts: 286; Member since: Apr 23, 2016

What do people hide in their phones if they are innocent??

10. ibend

Posts: 6747; Member since: Sep 30, 2014

because they arent.. but no worries, apple would love to help any criminal to hide the evidence inside their iPhones, or erase it forever if needed

15. Braakbal

Posts: 7; Member since: Apr 25, 2016

Perhaps they hop around as a bunny in diapers and recorded that on their phone. I can imagine you don't want anyone to see that. Also, if I would have nude pictures of my girlfriend on my phone, I would sure prevent at any cost for them to see. Reasons enough that are not criminal related.

17. darkkjedii

Posts: 30966; Member since: Feb 05, 2011

I'm not out committing crimes, but there's lotsa stuff in my phone I don't want people seeing.

11. mobi_user

Posts: 152; Member since: Jun 18, 2013

If she is involved in a criminal activity or hiding evidences of any crime, then there should be no objection. It do not matter it is iphone or what phone. Seems all the countries need to revisit their laws with changing technologies.

16. Braakbal

Posts: 7; Member since: Apr 25, 2016

Next option for phones: touch with the wrong finger = instant wipe of all data.

19. natypes

Posts: 1110; Member since: Feb 02, 2015

Tampering with evidence is an additional charge Columbo.

26. Braakbal

Posts: 7; Member since: Apr 25, 2016

Hi there Nemo

18. medicci37

Posts: 1361; Member since: Nov 19, 2011

Hey need to deport these people ASAP

20. darkkjedii

Posts: 30966; Member since: Feb 05, 2011

Man, I've got some pics/vids only two people can see. My 10 attempts feature stays on lol.

25. TechieXP1969

Posts: 14967; Member since: Sep 25, 2013

Just enter the password wrong, so it erases the phone...DONE!

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