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> Whether this is "unconstitutional" is, of course, a hotly contested legal issue. The EFF is arguing that US law enforcement agencies are using warrantless s
by shkkmo 8y ago
> Whether this is "unconstitutional" is, of course, a hotly contested legal issue.
The EFF is arguing that US law enforcement agencies are using warrantless search at the border as a loop hole to circumvent the need to get a warrant in cases that have nothing to do with "contraband or dutiable goods" or any other border security need.
The press release says:
> The evidence includes ICE and CBP policies and practices that authorize border officers to conduct warrantless and suspicionless device searches for purposes beyond the enforcement of immigration and customs laws.
These "non border security" searches are clearly unconstitutional, I don't frankly see how that can be contested. These searches are not about the "right of a soveign to police its borders" but about the policing of the interior through bypassing constitutional protection with border searches. My guess is the the actually contested part of this is if there are ANY warrantless searches of electronic devices for the purposes of border security that are constitutionally authorized.
edit: differentiated quoted sources