3 ms·

You have few, if any, fundamental rights at or near the US border. It is why PR releases from the ALCU call it a "Constitution Free Zone".

tptacek 7y ago
As we can clearly see with this comment, that's a headline that does much more harm than good. In fact: you are broadly subject to search at the US border (that "exception" to the presumption against search was in effect during the administrations of the framers of the Constitution), but that's approximately the extent of it (don't get us started on that dumb map they drew). It helps nobody to perpetuate the idea that you lose your rights to due process, &c simply by dint of being intercepted by CBP at the border. Similarly: citizens of the US can neither be detained indefinitely nor denied entry at the border.
- kevin_b_er 7y ago
  Yes you conveniently ignore that you are not secure in your persons, effects, or papers at the border. What happens if you refuse to unlock your phone as a US Citizen?
  - saagarjha 7y ago
    They take your phone, hold you for a while, then let you into the United States?
  - tptacek 7y ago
    That 4A doesn't mean the same thing at the border as it does on the streets of Chicago is not in dispute.
  - rayiner 7y ago
    The constitution doesn’t guarantee that you’ll be secure in those things “under all circumstances.” It says you shall be secure in those things “against unreasonable searches and seizures.” Searches at the border have always been considered reasonable.
refurb 7y ago
This is not true at all. Yes, when crossing an international border, USBP doesn't need a warrant to search you. If you're not crossing a border, but are within 100 miles, they do need a warrant. As a US citizen, they have to let you in, even if you don't cooperate. Of course, they can harass and delay you, but you still have most of your rights.

3 ms·

You have few, if any, fundamental rights at or near the US border. It is why PR releases from the ALCU call it a "Constitution Free Zone".

by kevin_b_er 7y ago

tptacek 7y ago
As we can clearly see with this comment, that's a headline that does much more harm than good. In fact: you are broadly subject to search at the US border (that "exception" to the presumption against search was in effect during the administrations of the framers of the Constitution), but that's approximately the extent of it (don't get us started on that dumb map they drew). It helps nobody to perpetuate the idea that you lose your rights to due process, &c simply by dint of being intercepted by CBP at the border. Similarly: citizens of the US can neither be detained indefinitely nor denied entry at the border.
- kevin_b_er 7y ago
  Yes you conveniently ignore that you are not secure in your persons, effects, or papers at the border. What happens if you refuse to unlock your phone as a US Citizen?
  - saagarjha 7y ago
    They take your phone, hold you for a while, then let you into the United States?
  - tptacek 7y ago
    That 4A doesn't mean the same thing at the border as it does on the streets of Chicago is not in dispute.
  - rayiner 7y ago
    The constitution doesn’t guarantee that you’ll be secure in those things “under all circumstances.” It says you shall be secure in those things “against unreasonable searches and seizures.” Searches at the border have always been considered reasonable.
refurb 7y ago
This is not true at all. Yes, when crossing an international border, USBP doesn't need a warrant to search you. If you're not crossing a border, but are within 100 miles, they do need a warrant. As a US citizen, they have to let you in, even if you don't cooperate. Of course, they can harass and delay you, but you still have most of your rights.