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INAL but I don't think that legally it would be lying. I believe lying requires more than not complying. Plus, we always have the right to remain silent.
by mrandish 7y ago
INAL but I don't think that legally it would be lying. I believe lying requires more than not complying. Plus, we always have the right to remain silent.
- thenewnewguy 7y agoEven if true, border officials will start asking everyone "is this your main profile". I guess you could refuse to answer, but that will make the answer obvious.
- akhosravian 7y agoThe right to remain silent isn’t the right to intentionally lie.
- outworlder 7y ago> Plus, we always have the right to remain silent. No you don't. Not at the border.
- sneak 7y agoYour statement is untrue. You have the right to remain silent at the border as well.
- jdenning 7y agoYou absolutely do have the right to remain silent at the border.
- dodobirdlord 7y agoUntrue. People who crack jokes about "constitution free zones" at the border are just uninformed. There are some obvious broad waivers on searches to enable the enforcement of import/export and immigration laws, but other rights that don't relate to the particulars of border enforcement are not impacted.
- shkkmo 7y ago> There are some obvious broad waivers on searches to enable the enforcement of import/export and immigration laws Except those searches can be done at the behest of other law enforcement agencies and any information found can be shared with them.
- dodobirdlord 7y agoIncorrect. CBP has a policy to destroy any digital data collected during a search unless it is relevant to an investigation of customs/immigration crimes or is related to terrorism, which can be broadly construed as related to immigration law insomuch as one of the primary purposes of a border is to keep out unwanted persons. I recommend reading through this document assembled by the EFF about various kinds of border searches and the constitutionality thereof. https://www.eff.org/wp/digital-privacy-us-border-2017 https://www.eff.org/wp/digital-privacy-us-border-2017
- shkkmo 7y agoI fail to see anything in your link to back up your claim. Here's what the EFF does say about the CPB doing exactly what I described. > 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. Officials can search devices for general law enforcement purposes, such as enforcing bankruptcy, environmental, and consumer protection laws, and for intelligence gathering or to advance pre-existing investigations. Officers also consider requests from other government agencies to search devices. In addition, the agencies assert the authority to search electronic devices when the subject of interest is someone other than the traveler—such as when the traveler is a journalist or scholar with foreign sources who are of interest to the U.S. government, or even when the traveler is the business partner of someone under investigation. Both agencies further allow officers to retain information from travelers’ electronic devices and share it with other government entities, including state, local, and foreign law enforcement agencies. https://www.eff.org/press/releases/new-documents-reveal-dhs-asserting-broad-unconstitutional-authority-search-travelers https://www.eff.org/press/releases/new-documents-reveal-dhs-...
- lmilcin 7y agoAny time you say to the officer something you know is not true is lying. It may not necessarily be immediately grounds to detaining or turning you from the border but it may cause further escalation. Never tell a lie to the police and never offer any information unless directly asked for it.