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Speaker 1: Well, now is time for our daily Bloomberg Law Brief,

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Speaker 1: exploring legal issues in the news. It's brought to you

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Speaker 1: by American Arbitration Association, International Trade or Business Dispute Resolve

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Speaker 1: Faster with the International Center for a Dispute Resolution, the

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Speaker 1: leader in alternative dispute resolution around the world i c

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Speaker 1: d R dot org. Today Bloomberg, Laho, Student Grosso and

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Speaker 1: Michael Best discuss a recent court ruling affecting the ability

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Speaker 1: of law enforcement to compel someone to use a fingerprint

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Speaker 1: to unlock their phone. They speak with Robert Mints, a partner,

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Speaker 1: and McCarter and English Bob under what circumstances is it

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Speaker 1: clear that the government can get a warrant to force

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Speaker 1: someone to unlock an iPhone with a fingerprint. Well, that

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Speaker 1: issue has come before the courts before, and the courts

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Speaker 1: have held where there is a very specified need for

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Speaker 1: that information and the government has made out clear probable

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Speaker 1: cause um connecting the individual with the information that may

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Speaker 1: be on their cell phone. Prosecutors can in some instances

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Speaker 1: force an individual to unlock a cell phone, but in

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Speaker 1: this case, the court found that there was insufficient evidence

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Speaker 1: based on the warrant that was presented to the magistrate

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Speaker 1: judge to require individuals who just happened to be on

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Speaker 1: the premises to use their sums to unlock their cell phones,

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Speaker 1: and the court relied both on Fourth Amendment and on

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Speaker 1: syste Amendment grounds in denying that request. You know, Bob,

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Speaker 1: it seems a little strange on some level to be

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Speaker 1: talking about the Fourth Amendment rights of people when we

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Speaker 1: don't even know if they're going to be there, and

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Speaker 1: their Fifth Moment rights we don't know who's going to

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Speaker 1: be there. Is Is it normal in a warrant application

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Speaker 1: for the government to ask about the methods by which

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Speaker 1: they're going to search people they might find at the

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Speaker 1: at the location. Well, that is unusual, Michael. I mean,

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Speaker 1: usually what a warrant does is it establishes probable cause

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Speaker 1: that a crime has been committed and that evidence of

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Speaker 1: that crime is located at a particular premises. So, in

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Speaker 1: other words, it is based entirely on the premises and

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Speaker 1: not on a person. In this case, this warrant application

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Speaker 1: and the judge's opinion got into issues of acts of

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Speaker 1: production and conduct by individuals who, as you mentioned, may

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Speaker 1: or may not even be at the premises at the

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Speaker 1: time that the search is executed and as Robert mensa

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Speaker 1: partner at McCarter in English speaking at Bloomberg Laho student

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Speaker 1: cross So you can listen to Bloomberg Law weekdays at

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Speaker 1: one pm Wall Street Time here on Bloomberg Radio, and

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Speaker 1: that is this morning's Bloomberg Law Brave. You'll find more

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Speaker 1: legal news at Bloomberg Law dot com and Bloomberg b

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Speaker 1: NA dot com. Attorneys will find exceptional legal research and

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Speaker 1: business development tools there as well. Visit Bloomberg Law dot

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Speaker 1: com and Bloomberg b NA dot com for more information