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As far as I can figure, if your phone is powered off and requires a passcode to run, the only thing they can do is confiscate your device. They cannot bar a US
by LyndsySimon 9y ago
As far as I can figure, if your phone is powered off and requires a passcode to run, the only thing they can do is confiscate your device. They cannot bar a US citizen from entry into the country - even if you have no passport or identification, they can only fine you for entering without it.
If they confiscate your device I'm not sure how long they can keep it off the top of my head, but I would operate under the assumption that you're not getting it back. There are legal remedies for this sort of warrantless seizure, but I'm guessing that there's a mechanism through which they could charge the phone itself with a crime in order to circumvent the Fourth Amendment, a'la asset forfeiture.
- mikeash 9y agoRight, that's my understanding as well. I'd lose the device but retain my freedom and (whatever shreds remain of) privacy, which is an acceptable tradeoff to me given the relatively low odds of this happening.
- mywittyname 9y agoYou can remotely wipe most phones today, no?
- gruez 9y agowhich requires the phone to connect to the internet, which i doubt the TSA/DHS/CBP will let happen after confiscating your phone
- cryptarch 9y agoThe Fourth Amendment is interpreted quite differently in border zones; the side of the Government is generally weighed significantly heavier "because terrorism".