4 ms·
Holding someone at the border is not the same as denying them entry from the country sadly. I think its a rather gaping hole in the constitution that has been
by dghlsakjg 6y ago
Holding someone at the border is not the same as denying them entry from the country sadly.
I think its a rather gaping hole in the constitution that has been ruthlessly exploited. Warrantless searches at the border were allowed to be exempt from the 4th amendment since customs agents needed to be able to inspect goods coming in to apply tariffs appropriately and prevent contraband.
Snooping through people's personal papers and phones is pretty far outside of that mandate if you ask me.
The takeaway is that if you have the time, you are free to tell them that you won't be providing a password. They are free to hold you for a 'reasonable' amount of time (reasonable could mean many hours). And they are also legally allowed to seize your phone and allow you entry to the country.
- giantg2 6y agoI thought for at least a while (2004ish) they were actually denying entry unless they could search devices. Maybe they were just confiscating them. It was a long time ago.