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the ACLU complaint is based on the 4th amendment right against unreasonable search. He demanded to speak to his lawyer and was thereafter allowed to leave, so h
by roywiggins 8y ago
the ACLU complaint is based on the 4th amendment right against unreasonable search. He demanded to speak to his lawyer and was thereafter allowed to leave, so his 5th amendment rights were not actually abridged. That's how the 5th amendment works, and it worked at the border.
https://www.aclunc.org/docs/ACLU-NC_2019-03-28_Letter_re._Electronic_Device_Search_SFO.pdf https://www.aclunc.org/docs/ACLU-NC_2019-03-28_Letter_re._El...
> CBP must ensure that its officers comply with the U.S. Constitution. Even at the border, the search of an electronic device is governed by the Fourth Amendment. To satisfy Ninth Circuit and Supreme Court law concerning electronic searches, any such search should be based on a warrant and be limited in scope to information relevant to the agency’s legitimate purpose in conducting the search. The attempted unconstitutional search of Dr. Gal’s devices illustrates that CBP’s policies do not in fact include the requirements necessary to safeguard the constitutional rights of people at the border
- tptacek 8y agoRight, he meant to say that 4th amendment protections are suspended at the border, and, while you might quibble with that wording, it's a valid point: border searches usually don't require a warrant, owing to the border search exception, which has precedent going all the way back to the founders.