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Comment by JasonADrury

15 days ago

> forced her finger on Touch ID per the warrant

She was not forced, and the warrant does not state that she could be forced. The warrant, almost certainly deliberately, uses far milder language.

The warrant is the force, current jurisprudence largely says warrant do compel people to provide biometric unlocks because it's not speech the same way giving up a password/passcode would be. Blocking or not complying with a signed warrant from a judge is it's own crime and the only safe way to fight them is with a lawyer in court not with the officer holding the paper (and gun/taser/etc with the power of the state behind them).

What do you think warrants are? You think they get a warrant and they say, "Can you put your finger on the device?" You say, "No," and that's it? If all they wanted to do was ask you, they would just ask you without the warrant.

  • I think you should simply try to read the warrant in question.

    • Perhaps you should? From pages 20 and 22:

      > 52. These warrants would also permit law enforcement to obtain from Natanson the display of physical biometric characteristics (e.g., fingerprint, thumbprint, or facial characteristics) in order to unlock devices subject to search and seizure pursuant to the above referenced warrants

      > 60. Accordingly, if law enforcement personnel encounter a device that is subject to search and seizure pursuant to the requested warrants and may be unlocked using one of the aforementioned biometric features, the requested warrants would permit law enforcement personnel to (1) press or swipe the fingers (including thumbs) of the Subject to the fingerprint scanner of the device(s); or (2) hold the devices in front of the Subject's face for the purpose of attempting to unlock the device(s) in order to search the contents as authorized by the warrants

      So yes law enforcement had the right to grab her hand and press it against the laptop to unlock before seizing it if that's what they had to do.

      [0] https://www.rcfp.org/wp-content/uploads/2026/01/2026-01-30-I...

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    • "...the requested warrants would permit law enforcement personnel to (1) press or swipe the fingers (including thumbs) of the subject to the fingerprint scanner of the devices..."

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You’re saying she complied willingly?

  • If the police get the warrant you either allow them to take it or you face an obstruction charge. The only safe way to fight a warrant like that when signed is after the gathering is done in court or at trial.

    • You would at the very least make them guess which finger, there's no indication that happened here.

      The court can compel you to make your fingers available, it can not force you to disclose which finger or the manner in which you touch that finger on the fingerprint sensor. Apple devices allow only limited attempts.

      If you're not being actively helpful, the investigators may end in a rather awkward position.

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  • Sounds like it, yeah.

    Touch ID allows only limited attempts, so odds are the FBI wouldn't just try to wrestle her to attempt different fingers on the spot even if they were allowed to do so.