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Does anyone more knowledgable know if US citizen 5th amendment rights still applies at the border, i.e. I can't legally be compelled to unlock my phone at the U

Does anyone more knowledgable know if US citizen 5th amendment rights still applies at the border, i.e. I can't legally be compelled to unlock my phone at the US border? Law is not my area of expertise at all. (The article might have addressed this but it's behind a paywall.) Thanks in advance.

fn-mote 2y ago
The ACLU has authoritative advice [1]. The article about electronic device searches [2] explains that the government claims the right to search devices without a warrant at the border. > U.S. citizens cannot be denied entry to the United States for refusing to provide passwords or unlocking devices. Refusal to do so might lead to delay, additional questioning, and/or officers seizing your device for further inspection. [...] If an officer searches and/or confiscates your laptop or cell phone, get a receipt for your property. [1]: https://www.aclu.org/know-your-rights/what-do-when-encountering-law-enforcement-airports-and-other-ports-entry-us#do-i-have-to-provide-my-laptop-passwords-or-unlock-my-mobile-phone-for-law-enforcement-officers-at-the-border https://www.aclu.org/know-your-rights/what-do-when-encounter... [2]: https://www.aclu.org/news/privacy-technology/can-border-agents-search-your-electronic https://www.aclu.org/news/privacy-technology/can-border-agen...
- dylan604 2y ago
  If your device leaves your sight for any length of time and later returned, consider it compromised. It is now to no longer be considered a friendly device. If you're paranoid enough that is
tenacious_tuna 2y ago
I am not a lawyer, though I am a US citizen. First, it's the fourth amendment that protects against unreasonable search. Fifth amendment is protection against self-incrimination. My understanding is that fourth amendment protections effectively do not apply at the border [1] because the border is inherently a reasonable place to search people. In regards to being compelled to unlock your phone, CBP maintains the position [2] that in order to uphold their duties they're inherently able to compel you. Anecdotally, if you don't unlock your device, they may (a) confiscate it (and possibly apply all sorts of cracking tech to it), or (b) refuse you entry. That said, a random law firm [3] cites that you can withhold a password-based lock, but CBP can compel you to provide biometric unlocking [3]. To me, this is a case of https://xkcd.com/538/ https://xkcd.com/538/ ; you may have a legal basis to refuse, but in the current iteration of the administration I find it unlikely that it would be a positive experience if you were to stand on it. (Not that CBP is going to beat you with a pipe wrench, but if they want in your phone, they're gonna get in your phone.) [1] https://law.justia.com/constitution/us/amendment-04/19-border-searches.html https://law.justia.com/constitution/us/amendment-04/19-borde... [2] https://www.cbp.gov/travel/cbp-search-authority/border-search-electronic-devices https://www.cbp.gov/travel/cbp-search-authority/border-searc... [3] https://borderslawfirm.com/border-search-computers/ https://borderslawfirm.com/border-search-computers/
- BriggyDwiggs42 2y ago
  U got a semicolon at the end in the xkcd link
  - tenacious_tuna 2y ago
    Thanks
- rbanffy 2y ago
  > because the border is inherently a reasonable place to search people. IIRC there is a radius around every international airport where such warrantless searches are legal.
  - esafak 2y ago
    https://www.aclu.org/know-your-rights/border-zone https://www.aclu.org/know-your-rights/border-zone
    - dylan604 2y ago
      Your link was specifically about the borders, not necessarily about airports. This link is specific to airports. (I came across this link from your link. Just providing the direct link) https://www.aclu.org/know-your-rights/what-do-when-encountering-law-enforcement-airports-and-other-ports-entry-us https://www.aclu.org/know-your-rights/what-do-when-encounter...
  - Ferret7446 2y ago
    Are airports not considered borders (i.e., ports of entry)?
- perihelions 2y ago
  - "...but in the current iteration of the administration I find it unlikely that it would be a positive experience if you were to stand on it" I.e., this warning example from this week, https://news.ycombinator.com/item?id=43618754 https://news.ycombinator.com/item?id=43618754 ("Lawyer for U-M protester detained at airport after spring break trip with family (freep.com)") (US citizen, attorney, detained for 90 minutes as punishment for asserting his rights and refusing to unlock his work phone, which contained privileged attorney-client communications).

fn-mote 2y ago

The ACLU has authoritative advice [1]. The article about electronic device searches [2] explains that the government claims the right to search devices without a warrant at the border. > U.S. citizens cannot be denied entry to the United States for refusing to provide passwords or unlocking devices. Refusal to do so might lead to delay, additional questioning, and/or officers seizing your device for further inspection. [...] If an officer searches and/or confiscates your laptop or cell phone, get a receipt for your property. [1]: https://www.aclu.org/know-your-rights/what-do-when-encountering-law-enforcement-airports-and-other-ports-entry-us#do-i-have-to-provide-my-laptop-passwords-or-unlock-my-mobile-phone-for-law-enforcement-officers-at-the-border https://www.aclu.org/know-your-rights/what-do-when-encounter... [2]: https://www.aclu.org/news/privacy-technology/can-border-agents-search-your-electronic https://www.aclu.org/news/privacy-technology/can-border-agen...

dylan604 2y ago
If your device leaves your sight for any length of time and later returned, consider it compromised. It is now to no longer be considered a friendly device. If you're paranoid enough that is

tenacious_tuna 2y ago

I am not a lawyer, though I am a US citizen. First, it's the fourth amendment that protects against unreasonable search. Fifth amendment is protection against self-incrimination. My understanding is that fourth amendment protections effectively do not apply at the border [1] because the border is inherently a reasonable place to search people. In regards to being compelled to unlock your phone, CBP maintains the position [2] that in order to uphold their duties they're inherently able to compel you. Anecdotally, if you don't unlock your device, they may (a) confiscate it (and possibly apply all sorts of cracking tech to it), or (b) refuse you entry. That said, a random law firm [3] cites that you can withhold a password-based lock, but CBP can compel you to provide biometric unlocking [3]. To me, this is a case of https://xkcd.com/538/ https://xkcd.com/538/ ; you may have a legal basis to refuse, but in the current iteration of the administration I find it unlikely that it would be a positive experience if you were to stand on it. (Not that CBP is going to beat you with a pipe wrench, but if they want in your phone, they're gonna get in your phone.) [1] https://law.justia.com/constitution/us/amendment-04/19-border-searches.html https://law.justia.com/constitution/us/amendment-04/19-borde... [2] https://www.cbp.gov/travel/cbp-search-authority/border-search-electronic-devices https://www.cbp.gov/travel/cbp-search-authority/border-searc... [3] https://borderslawfirm.com/border-search-computers/ https://borderslawfirm.com/border-search-computers/

BriggyDwiggs42 2y ago
U got a semicolon at the end in the xkcd link
- tenacious_tuna 2y ago
  Thanks
rbanffy 2y ago
> because the border is inherently a reasonable place to search people. IIRC there is a radius around every international airport where such warrantless searches are legal.
- esafak 2y ago
  https://www.aclu.org/know-your-rights/border-zone https://www.aclu.org/know-your-rights/border-zone
  - dylan604 2y ago
    Your link was specifically about the borders, not necessarily about airports. This link is specific to airports. (I came across this link from your link. Just providing the direct link) https://www.aclu.org/know-your-rights/what-do-when-encountering-law-enforcement-airports-and-other-ports-entry-us https://www.aclu.org/know-your-rights/what-do-when-encounter...
- Ferret7446 2y ago
  Are airports not considered borders (i.e., ports of entry)?
perihelions 2y ago
- "...but in the current iteration of the administration I find it unlikely that it would be a positive experience if you were to stand on it" I.e., this warning example from this week, https://news.ycombinator.com/item?id=43618754 https://news.ycombinator.com/item?id=43618754 ("Lawyer for U-M protester detained at airport after spring break trip with family (freep.com)") (US citizen, attorney, detained for 90 minutes as punishment for asserting his rights and refusing to unlock his work phone, which contained privileged attorney-client communications).