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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
by 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 agoU got a semicolon at the end in the xkcd link
- tenacious_tuna 2y agoThanks
- 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 agohttps://www.aclu.org/know-your-rights/border-zone https://www.aclu.org/know-your-rights/border-zone
- dylan604 2y agoYour 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 agoAre 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).