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The whole exigent circumstances exception is required to stop a crime which is highly probably to already be in progress and for which evidence could be lost to
by samus 2y ago
The whole exigent circumstances exception is required to stop a crime which is highly probably to already be in progress and for which evidence could be lost to the prosecution. Especially at international airports this is highly likely to happen. The problem is that the system is set up in a way that encourages corruption.
- gus_massa 2y agoWhat about your phone? Perhaps it's a stolen one. Would you mind if the airport crew keep it in custody for a few years until you prove it was adquired legaly in a court?
- samus 2y agoIf they have reasonable suspicion that it indeed was. For example a case with a unique color pattern that is similar to a phone known to be stolen. Or if you can't unlock it. This ship has sailed quite some time ago - resist TSA or border control to unlock your phone, and they either confiscate it or turn you back. These powers are unlikely to ever be curtailed again in the name of security. But I also think that TSA and border control should rather focus on people actually violating immigration law and compromising travel security.
- bagels 2y agoThe state has proven it can't be trusted with this power.
- samus 2y agoRemoving this power is almost equivalent to defunding the police. It would make it impossible to stop a lot of crimes as they are committed.