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Sure, but you should still have the right to have a lawyer confirm that for you, no? The entire reason we have the right to legal representation is that individ
by geofft 8y ago
Sure, but you should still have the right to have a lawyer confirm that for you, no? The entire reason we have the right to legal representation is that individuals are not expected to understand all the case law in the country. A lawyer can totally say "Yeah, they're allowed to search you, unlock your phone"—but the ability to confirm that with a lawyer is an important right.
- the_watcher 8y agoThe right to an attorney is actually limited to criminal defendants, so if they don't charge you with anything, you aren't actually afforded that protection Constitutionally. So if they just detain you, they can credibly ignore this. I'm not 100% sure on how Miranda rights apply to border detainee situations, but if they do apply, you'd get a phone call. If they don't, your options are basically to wait them out.
- AstralStorm 8y agoI'm quite positive (not a lawyer) that unlocking records (e.g. phone, phone book, laptop etc.) is not part of any legal search and under purview of wiretapping or seizure laws, much less privacy laws. Those require a court order in general unlike a typical police search... unless CBP has leeway there too in which case it is a monster.