5 ms·
> As far as I understand, there's 3 categories here, citizens, non-citizen residents, and non-citizens non-residents. The US Constitution applies to persons wi
by WarOnPrivacy 1y ago
> As far as I understand, there's 3 categories here, citizens, non-citizen residents, and non-citizens non-residents.
The US Constitution applies to persons within US jurisdiction.
The Fourth Amendment protects people from unreasonable searches and seizures by the government. This protection extends to individuals' persons, houses, papers, and effects.
- TZubiri 1y agoRight, so a "Phone search at the US border" would be conducted on an individual not yet in US jurisdiction, thus the 4th amendment wouldn't apply. I am not a lawyer, but I think that's pretty undisputed and basic.
- nobody9999 1y ago>I am not a lawyer, but I think that's pretty undisputed and basic. I and a whole bunch of lawyers do dispute that claim[0]. [0] https://www.aclu.org/know-your-rights/border-zone https://www.aclu.org/know-your-rights/border-zone
- deleted 1y ago[deleted]
- TZubiri 1y agoThe cited article is about searching phones at port of entries before admission to the states, not within a 100 mile radius. There may not be consensus on where the border is binary, or whether it's phased, whether it's 100 miles thick or 1 centimeter thick, whether it's here or there. But we have consensus that there exists a border and that you can people that have not yet entered do not have the constitutional rights of persons in the jursidiction yet.