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Comments - Search Warrants for Touch ID

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Ryan, Couldn't one (validly) argue that in case 1, the act of providing the "opening fingerprint" is causing the individual to validate ownership/dominion/control over the device? It seems akin to the LEO's finding a bag of child pornography and forcing the suspected owner/possessor to acknowledge ownership/dominion/control/access to the bag-o-porn? I guessing I am missing something here. Russell

I believe implicit in Kerr's example of Case #1 is that the police know that it's the defendant's phone, which is what distinguishes it from Case #2. There is an exception to the warrant requirement -- the technical name escapes me -- for something that merely reveals what is already known. Now that's going to bug me all day until I can remember what the name of that exception is.