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Border agents can search cellphones without a warrant or reasonable suspicion (https://lawandcrime.com)

229 points by mmh0000 1 day ago | 185 comments | View on ycombinator

mmh0000 1 day ago |

It is insane to me that judges consistently rule that the constitution doesn't apply because there's a "border" within 100 miles.

The 4th Amendment says, exactly:

   The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
I do not know how that could be unclear. My cellphone is my effect, and arguably, also a "paper". Which SHALL NOT BE VIOLATED. But apparently, I'm too dumb to understand the sentence[1].

[1] https://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United...

fsiefken 1 day ago |

This happened to me last month in Halifax Canada, I wanted to board a transfer flight to Amsterdam, going through Boston. I was stopped as I had salts with me from a buddhist relic I couldn't exactly identify. The machine said it contained a primary explosive (silver azide). I was ordered to give my access code to my iphone and 3 suspicious screenshots were found I made 2 years ago about the Iran/Israel war. I said I'm interested in geo-politics and watched the news. I was barred from the US for life - it was said that it could have been much worse. When I wanted to go to the main airport hall a number of canadian police officers arrested me and drove me handcuffed to a cell. I was asked if I wanted a lawyer and they arranged a phone call. The lawyer said I would spend to nights in a cell and then she would come to prepare my case and was strongly advised not to talk to people before that. I was released from my cell 7 hours later that evening after a thorough and friendly conversation with the canadian special police. I can understand that security don't want to take any chances with people carrying supposed explosive powders on an airport, so the system was doing it's protective job. That day there was a threat alert I heard later. A week later I heard from the person who gave me the relic (I was on retreat) that the border guard contacted them and said it was a false positive (what I suspected at the time, but I didn't dare argue against the machine results).

brachkow about 9 hours ago |

It’s crazy that back in Belarus in 2021 we laughed off our friend who gave his phone & password to search to a solider who approached him during his commute to university.

We couldn’t expect that it will became a norm in our country, not to mention “civilized world”. But it did…

Just five year later same practice is OK in US. Same US that was busy with ethical question of unlocking or not unlocking terrorists iPhones in past decade.

Tech is going from Wild West to Cyber Gulag.

petcat 1 day ago |

Customs has always been able to search everything without a warrant or suspicion when crossing the border. I guess this is saying that they can search the digital contents of physical devices/media as well?

ramesh31 1 day ago |

The best time to delete all social media accounts and never post anything online with your name attached ever again was 10 years ago. The second best time is right now. This stuff can and will be used against you out of context 10, 20, 30 years into the future.

LeBit 1 day ago |

Land of the … laugh … free!

andix 1 day ago |

Anyone still crossing US borders with electronic devices that aren't fully wiped? This is company policy for some European companies for a long time. Even during the Biden administration.

Most employees just receive a wiped phone/laptop for the duration of the trip. Depending on the country its either a device that only has access to the bare minimum of Services, or for countries like Russia they issue a dumb phone that can only call and text.

0xbadcafebee 1 day ago |

The problem with these laws isn't that they can search you at the border. It's that they can search you within 100 miles of the border (https://en.wikipedia.org/wiki/Border_search_exception). The total number of people who live within that zone is 213 Million people, or 2/3 of the total population (https://www.aclu.org/know-your-rights/border-zone).

pvaldes about 13 hours ago |

In your opinion, has the tourism recovered?. Because it seems like somebody does not want that. Each time tourists try to approach US again, the government hisses.

_2pou 1 day ago |

It's a massive swing and a miss that GrapheneOS has a religious opposition to a VeraCrypt-style hidden volume arrangement that allows different passwords to unlock different OS volumes.

It would be vastly superior to their current solution, which basically guarantees contempt charges.

I hope they change their mind soon!

righthand 1 day ago |

So carry a separate device while traveling. Or wipe your phone, then restore after the border. This is just going to lead to a service that does this for you and the overreaching feds won’t be able to do anything about it.

And as far as I can tell you still don’t have to give them your pin code.

ChrisArchitect 1 day ago |

rdm_blackhole 1 day ago |

It's the same in other countries like the UK for example.

You can get stopped at the border, forced to talk to the border agents, you do not have the right to have a lawyer in the room during the interrogation (although you can have one phone call before your interrogation starts), you do not have the right to refuse to answer questions and they will seize your phone and computers and send them back to you later. Also you will have to provide your passwords and pin-codes for your devices.

This guy went through it last year: https://youtu.be/991kRp8KUmo?si=AFfJA3erydfZZFj1

gigel82 1 day ago |

This is confusing; what happens to you if you refuse a warantless search of your property?

I'm a US citizen returning home. Do they just... send me back out of the country? :) I don't suppose they'd have the grounds to arrest me since there is no law that I can see being broken. I suppose they could keep the device until such time that a warrant could be obtained to digitally search / break into the device (but that requires some reasonable suspicion - simply refusing a warantless search isn't it).

CircuitSeuss 1 day ago |

What a terrible fucked up system.

31337Logic 1 day ago |

How the fuck did we let this happen?! Apathy. That's how. If we fight back now, we can save what's left of this dying "democracy" before it's too late.

Our grandfathers didn't die for this. Pathetic.

ErroneousBosh 1 day ago |

Given that the US's economy is utterly dependent on tourism, do they just not want to have money any more or something?

Because who in their right mind is ever going to travel there at the moment?

tornado134 about 6 hours ago |

[dead]

calamari7063 1 day ago |

[dead]

undefined 1 day ago |

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ksudb 1 day ago |

[dead]

tencentshill 1 day ago |

And now you're extra suspicious if you don't have one at all