2 ms·

But why would that be legal? The device is owned by the individual. No judge signed any warrant search for the device. I can do what I want with my device - tha

But why would that be legal? The device is owned by the individual. No judge signed any warrant search for the device. I can do what I want with my device - that is a basic right of property. Imagine if border guards seize money willy-nilly.

budsniffer952 2mo ago
You are allowed to refuse access to your device, and they are allowed to refuse entry to the country.
inigyou 2mo ago
Most constitutional rights are suspended within 100 miles of a border or international airport.
- morgan814 2mo ago
  Which leaves me wondering - should domestic travel be treated the same as international when it comes to securing your devices?
  - inigyou 2mo ago
    Worse, almost the entire population of the USA lives within 100 miles of a border or international airport.
  - owenmarshall 2mo ago
    Because I was curious about this exact same question, I did some looking on this last night. Case law on this seemingly requires some nexus to a border. In Almeida-Sanchez v US[0], a Mexican citizen was stopped while driving on an east-west road that was near the border but that didn't connect to the border. The marijuana that was found in his car was excluded because there was no proof he was actually crossing a border, just near it. So I'd expect, under a functioning legal system, a warrant would be required to search your phone if you landed in JFK on a flight from Altoona. [0]: https://www.oyez.org/cases/1972/71-6278 https://www.oyez.org/cases/1972/71-6278
gradschool 2mo ago
> Imagine if border guards seize money willy-nilly. no need to imagine https://en.wikipedia.org/wiki/Civil_forfeiture_in_the_United_States https://en.wikipedia.org/wiki/Civil_forfeiture_in_the_United...
jakzurr 2mo ago
> Imagine if border guards seize money willy-nilly. This jogged my memory, though I couldn't find the example I was thinking of. But here's an item that is pretty similar: https://en.wikipedia.org/wiki/Tenaha,_Texas_asset_forfeiture_controversy https://en.wikipedia.org/wiki/Tenaha,_Texas_asset_forfeiture... Edit: Not on the border, btw. Just people travelling inside US. I guess it was their mistake to carry cash instead of getting a bank check or something.

budsniffer952 2mo ago

You are allowed to refuse access to your device, and they are allowed to refuse entry to the country.

inigyou 2mo ago

Most constitutional rights are suspended within 100 miles of a border or international airport.

morgan814 2mo ago
Which leaves me wondering - should domestic travel be treated the same as international when it comes to securing your devices?
- inigyou 2mo ago
  Worse, almost the entire population of the USA lives within 100 miles of a border or international airport.
- owenmarshall 2mo ago
  Because I was curious about this exact same question, I did some looking on this last night. Case law on this seemingly requires some nexus to a border. In Almeida-Sanchez v US[0], a Mexican citizen was stopped while driving on an east-west road that was near the border but that didn't connect to the border. The marijuana that was found in his car was excluded because there was no proof he was actually crossing a border, just near it. So I'd expect, under a functioning legal system, a warrant would be required to search your phone if you landed in JFK on a flight from Altoona. [0]: https://www.oyez.org/cases/1972/71-6278 https://www.oyez.org/cases/1972/71-6278

gradschool 2mo ago

> Imagine if border guards seize money willy-nilly. no need to imagine https://en.wikipedia.org/wiki/Civil_forfeiture_in_the_United_States https://en.wikipedia.org/wiki/Civil_forfeiture_in_the_United...

jakzurr 2mo ago

> Imagine if border guards seize money willy-nilly. This jogged my memory, though I couldn't find the example I was thinking of. But here's an item that is pretty similar: https://en.wikipedia.org/wiki/Tenaha,_Texas_asset_forfeiture_controversy https://en.wikipedia.org/wiki/Tenaha,_Texas_asset_forfeiture... Edit: Not on the border, btw. Just people travelling inside US. I guess it was their mistake to carry cash instead of getting a bank check or something.