3 ms·
See https://www.cbp.gov/document/directives/cbp-directive-no-3340-049b-border-search-electronic-devices?language_content_entity=en https://www.cbp.gov/document/
by joshka 2mo ago
See https://www.cbp.gov/document/directives/cbp-directive-no-3340-049b-border-search-electronic-devices?language_content_entity=en https://www.cbp.gov/document/directives/cbp-directive-no-334...
> The border search will include an examination of only the
information that is resident upon the device and accessible through the device's operating system
or through other software, tools, or applications. Officers may not intentionally use the device to
access information that is solely stored remotely. To avoid retrieving or accessing information
stored remotely and not otherwise present on the device, officers will either request that the
traveler disable connectivity to any network ( e.g., by placing the device in airplane mode and
disabling Bluetooth and Wi-Fi connections) or where warranted by national security, law
enforcement, officer safety, or other operational considerations, officers will themselves disable
network connectivity. Officers should also take care to ensure, throughout the course of a border
search, that they do not take actions that would make any changes to the contents of the device.
and
> Passcodes or other means of access obtained during a border inspection will only be
utilized to facilitate the inspection of devices and information subject to border search. Passcodes
or other means of access may not be utilized to access information that is only stored remotely.
Passcodes or other means of access should only be recorded by the officer in a temporary format
and should not be uploaded into CBP systems. Passcodes or other means of access recorded by
the officer will be deleted or destroyed when no longer needed to facilitate the search of a given
device.
- fedpost 2mo agoI'm not sure what you're trying to say
- joshka 2mo agoThe existence of a key only being somewhere other than your current location during a border search enables you to legally say "I cannot unlock this device" and move on with your day.
- ApolloFortyNine 2mo agoWell even today this guy could have just said 'I will not unlock this device' and they can seize it for some time, but they can't deny you entry. Which is pretty much the same scenario you created except the guy literally can't unlock it (but that doesn't actually matter here, he never _had_ to unlock it).
- joshka 2mo agoCould he? To answer properly without possibly committing further possible crimes, he needed a lawyer familiar with whether that's allowable, something he was explicitly denied after asking multiple times. See https://www.courtlistener.com/docket/71998357/21/united-states-v-tunick/ https://www.courtlistener.com/docket/71998357/21/united-stat...