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A judge in California ordered a woman to unlock her iPhone with her thumb so that authorities can investigate her boyfriend's alleged gang activity.

Judge Andrew Napolitano is calling it a "profound invasion of the privacy of an innocent bystander."

"This is the phone of the girlfriend of the guy the FBI's investigating. This is not his phone. They're on a fishing expedition hoping that they will find something on her phone that will incriminate him."

Napolitano said that he hopes the woman will hire a lawyer to make the argument that there's no distinction between lending a fingerprint and disclosing a passcode, which a federal court has decided a person can't be forced to do.

He said that the woman's constitutional right to due process was violated by not giving her any notice or opportunity to be heard.

"Look, this is a 'brave new world' -- Orwellian world -- that we are entering. If we reach the day when the government can, in secret, persuade a judge that an innocent bystander loses the right to privacy, whether it's giving a 4-digit passcode or pressing her finger on the phone."

Watch the judge's analysis above.


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