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Any idea if and how this ruling (if upheld) can be used to refuse phone seizures / password requests by CBP when entering the country? The ruling relies on the

Any idea if and how this ruling (if upheld) can be used to refuse phone seizures / password requests by CBP when entering the country? The ruling relies on the 5th amendment so its scope is limited to American citizens I guess. And whatever the rule of law it’s probably not a good idea to piss off a CBP agent... but still, it’d be nice to be able to travel to the US without having to wipe one’s phone and social media accounts.

briandear 8y ago
There is a Border Search Exception to the 4th Amendment established by the courts; this ruling has no relevance at at port of entry.
- dreamcompiler 8y ago
  It has no relevance to the Border Patrol within 100 miles of a US border or coastline, which is even more ridiculous.
  - brianpgordon 8y ago
    *If they have cause to believe you just crossed the border.
  - beatgammit 8y ago
    Yeah, it should be more like 10 miles or less. I don't understand why they're given so much leeway.
    - anticensor 8y ago
      This should have been enough: A. Contiguous states - 12 nautical miles towards sea, one full state inwards B. Alaska and Puerto Rico - 12 nautical miles towards sea, 3 nautical miles inwards C. Archipelagic territories (including Hawaii) - 100 nautical miles towards sea, 1 nautical mile inwards D. Airports - airport administrative zone
justadudeama 8y ago
I highly doubt it, even for American citizens at the border. The "Border search exception" pretty much says that anywhere within 100 miles of a boarder, the fourth amendment doesn't apply[1]. I imagine they would make a similar rule for the fifth amendment. [1] https://en.wikipedia.org/wiki/Border_search_exception https://en.wikipedia.org/wiki/Border_search_exception
- mikeash 8y ago
  Citizens can’t be denied entry. Worst case if you refuse to turn over your phone password is a short (hours, maybe days) detention, and confiscation of your phone. Non-citizen admittance is at the discretion of the immigration officer and they can turn you away for just about any reason. Either way, yes, this ruling wouldn’t change anything there.
  - dylan604 8y ago
    they can detain you for a limited amount of time, but they can confiscate your devices for an indefinite period.
    - dorgo 8y ago
      I'm thinking about a good device strategy. I think I need a disposable smartphone for situations like this. I should not lose any data if I lose the smartphone and nobody should gain any data if he finds/steals/takes it.
      - dylan604 8y ago
        A lot of "freedom" fighters suggest this as SOP anyways. You keep all of your needed data in the cloud, and download on the other side of whatever security you are clearing. This goes for any device, not just phone. Some people even go ports on their laptops filled in with an epoxy or something so that ports can't be accessed. Of course, that just makes you look that much more suspicious. How paranoid are you, and what data do you really have that you don't want to be seen?

briandear 8y ago

There is a Border Search Exception to the 4th Amendment established by the courts; this ruling has no relevance at at port of entry.

dreamcompiler 8y ago
It has no relevance to the Border Patrol within 100 miles of a US border or coastline, which is even more ridiculous.
- brianpgordon 8y ago
  *If they have cause to believe you just crossed the border.
- beatgammit 8y ago
  Yeah, it should be more like 10 miles or less. I don't understand why they're given so much leeway.
  - anticensor 8y ago
    This should have been enough: A. Contiguous states - 12 nautical miles towards sea, one full state inwards B. Alaska and Puerto Rico - 12 nautical miles towards sea, 3 nautical miles inwards C. Archipelagic territories (including Hawaii) - 100 nautical miles towards sea, 1 nautical mile inwards D. Airports - airport administrative zone

justadudeama 8y ago

I highly doubt it, even for American citizens at the border. The "Border search exception" pretty much says that anywhere within 100 miles of a boarder, the fourth amendment doesn't apply[1]. I imagine they would make a similar rule for the fifth amendment. [1] https://en.wikipedia.org/wiki/Border_search_exception https://en.wikipedia.org/wiki/Border_search_exception

mikeash 8y ago
Citizens can’t be denied entry. Worst case if you refuse to turn over your phone password is a short (hours, maybe days) detention, and confiscation of your phone. Non-citizen admittance is at the discretion of the immigration officer and they can turn you away for just about any reason. Either way, yes, this ruling wouldn’t change anything there.
- dylan604 8y ago
  they can detain you for a limited amount of time, but they can confiscate your devices for an indefinite period.
  - dorgo 8y ago
    I'm thinking about a good device strategy. I think I need a disposable smartphone for situations like this. I should not lose any data if I lose the smartphone and nobody should gain any data if he finds/steals/takes it.
    - dylan604 8y ago
      A lot of "freedom" fighters suggest this as SOP anyways. You keep all of your needed data in the cloud, and download on the other side of whatever security you are clearing. This goes for any device, not just phone. Some people even go ports on their laptops filled in with an epoxy or something so that ports can't be accessed. Of course, that just makes you look that much more suspicious. How paranoid are you, and what data do you really have that you don't want to be seen?