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A comment on Judge Grants Search Warrant Forcing Woman to Unlock iPhone with Touch ID. Parent comment

Re:Judge Grants Search Warrant Forcing Woman to Unlock iPhon... by bsder on Monday May 02, 2016 @05:34PM (#11615862)
Yes, we probably would need a trial in that instance.

The courts really don't get to hold someone indefinitely without charging them with something.

Contempt is generally used as a quick and dirty hack for someone disobeying the procedures of the court. Not providing a fingerprint to unlock evidence is WAY beyond that scope and probably should require a hearing and trial.

Now, she could be detained while that hearing is proceeding, but that's different that just being jailed for contempt.

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Re:Judge Grants Search Warrant Forcing Woman to Unlock iPhon... by rayiner on Monday May 02, 2016 @06:02PM (#11616071)
A trial for what?
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Re:Judge Grants Search Warrant Forcing Woman to Unlock iPhon... by cmdrfred on Monday May 02, 2016 @09:44PM (#11617229)
If you can't charge her with a crime then why are you holding her?
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Re:Judge Grants Search Warrant Forcing Woman to Unlock iPhon... by rayiner on Tuesday May 03, 2016 @11:25AM (#11621461)
She was arrested based on probable cause that she had committed identity theft. The search warrant is the process by which evidence needed to support formal charges.
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Re:Judge Grants Search Warrant Forcing Woman to Unlock iPhon... by tptacek on Monday May 02, 2016 @11:13PM (#11617601)
In order to compel her to obey the orders of the court.
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Re:Judge Grants Search Warrant Forcing Woman to Unlock iPhon... by bsder on Tuesday May 03, 2016 @05:49PM (#11624515)
If that order is lawful, then it probably has a chargeable crime behind it. If it doesn't, then there should be limit.

Compelling someone to open a phone with a fingerprint is far from settled law. It should be litigated properly as part of the trial rather than with a "contempt" charge.

In this instance, it is the court that is attempting to end run an unsettled area of the law using "contempt".

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