2 ms·

The fourth amendment is not "a thing" if you're anywhere near (within 100 miles) of the border. https://en.m.wikipedia.org/wiki/Border_search_exception https:/

The fourth amendment is not "a thing" if you're anywhere near (within 100 miles) of the border. https://en.m.wikipedia.org/wiki/Border_search_exception https://en.m.wikipedia.org/wiki/Border_search_exception

ajross 7y ago
Facebook's datacenters aren't on the border though, so I don't see how that's relevant. That's a bad policy, but it hinges on the fact that people entering the country are right at the edge of the "jurisdiction" requirement of the equal protection clause. Look, I get that people are angry about everything in the civil liberties space, but not every policy is the end of the world. Argue about specifics, not good guys & bad guys.
gruez 7y ago
Read the article again. >it was held that the Border Patrol's routine stopping of a vehicle at a permanent checkpoint located on a major highway away from the Mexican border for brief questioning of the vehicle's occupants is consistent with the Fourth Amendment >However, searches of automobiles without a warrant by roving patrols have been deemed unconstitutional Yes, the 100mile exception exists. No, you don't lose all 4th amendment rights.
- 50656E6973 7y ago
  Read the fourth amendment again. What practical protection does it provide if the requirement for a warrant/probable cause are deemed null and void? Claiming that is "consistent with the Fourth Amendment" is just mental gymnastics, like saying a corporation is a literal person.
  - gruez 7y ago
    >What practical protection does it provide if the requirement for a warrant/probable cause are deemed null and void? I'm not defending the 100 mile exception. I'm only clarifying that the extent of the infringement (as far as courts have ruled) is limited to permanent checkpoints. In the context of the parent comments however, I don't think the 4th amendment is relevant. The demand is for your account identifiers. Unless you have it written down on a piece of paper or an unecrypted device, it's the 5th amendment protecting you. Should you give them your account identifiers, it's going to be a stretch for them to use the border search exception to compel facebook (or any other service) to give up their records on you.

ajross 7y ago

Facebook's datacenters aren't on the border though, so I don't see how that's relevant. That's a bad policy, but it hinges on the fact that people entering the country are right at the edge of the "jurisdiction" requirement of the equal protection clause. Look, I get that people are angry about everything in the civil liberties space, but not every policy is the end of the world. Argue about specifics, not good guys & bad guys.

gruez 7y ago

Read the article again. >it was held that the Border Patrol's routine stopping of a vehicle at a permanent checkpoint located on a major highway away from the Mexican border for brief questioning of the vehicle's occupants is consistent with the Fourth Amendment >However, searches of automobiles without a warrant by roving patrols have been deemed unconstitutional Yes, the 100mile exception exists. No, you don't lose all 4th amendment rights.

50656E6973 7y ago
Read the fourth amendment again. What practical protection does it provide if the requirement for a warrant/probable cause are deemed null and void? Claiming that is "consistent with the Fourth Amendment" is just mental gymnastics, like saying a corporation is a literal person.
- gruez 7y ago
  >What practical protection does it provide if the requirement for a warrant/probable cause are deemed null and void? I'm not defending the 100 mile exception. I'm only clarifying that the extent of the infringement (as far as courts have ruled) is limited to permanent checkpoints. In the context of the parent comments however, I don't think the 4th amendment is relevant. The demand is for your account identifiers. Unless you have it written down on a piece of paper or an unecrypted device, it's the 5th amendment protecting you. Should you give them your account identifiers, it's going to be a stretch for them to use the border search exception to compel facebook (or any other service) to give up their records on you.