4 ms·
It's been somewhat established that having a wiped or basic phone is in itself sus and reason for them to investigate you further.
by peezd 15d ago
It's been somewhat established that having a wiped or basic phone is in itself sus and reason for them to investigate you further.
- iamnothere 15d agoThey can investigate all they want, they can even detain you briefly, but if you are a citizen and there’s no evidence of a crime then they have to let you in.
- CamperBob2 15d agoThey have more guns than you do, and these days, most of the judges are blindly and shamelessly on their side. They don't "have" to do jack.
- iamnothere 15d agoYou’re fearmongering. Despite what some may say, it’s not Nazi Germany. Rule of law still has sway. Find me caselaw where a “basic” phone was used as valid evidence. Or where the phone was already empty when someone began to approach the border.
- tokai 15d agoRule of Law was very strong in Nazi Germany. Everything that regime did was legal in Germany at the time.
- iamnothere 14d agoIf you really believe that the two are equivalent, I hope you’re taking action right now and not just posting on HN. Otherwise that would certainly speak poorly of your character.
- tombert 15d agoI mean they'll shoot protesters execution-style and retroactively declare that person a terrorist before they've even done any investigations. It's not Nazi Germany, but this administration has certainly demonstrated that they're not above inventing reasons to justify their actions later.
- iamnothere 14d agoDespite the problems, this stuff is still a rarity among most people. And most people understand that. It’s obviously getting worse, but that’s not a reason to give up all hope.
- tombert 14d agoI don't think I disagree with anything you said. I think cynicism is lazy.
- CamperBob2 14d agoRule of law still has sway. Get back to me once the Good and Pretti homicides in Minneapolis have been prosecuted.
- iamnothere 14d agoI said that it still has sway, not that it’s perfect. Your position basically amounts to “hide in bed and hope they don’t come for you”.
- CamperBob2 14d agoMy position is that what happened to them could happen to you or me. You don't seem concerned, though. So that's good. I guess.
- otterley 14d agoThe question isn’t whether something is merely possible. You could get struck by a moving ambulance tomorrow. It’s about how likely something is.
- CamperBob2 12d agoGetting more likely every year.
- matheusmoreira 14d agoAnd if you're not a citizen?
- iamnothere 14d agoThen this does not apply. Best to consult a lawyer
- puppycodes 15d agoHave not heard this, whats your source? I don't see how they could determine that because "its a new phone" is hard to dispute. best case scenario is that a higher court overturns this but not holding my breath.
- otterley 15d agoDo you have any references to this?
- knownandunknown 15d agohttps://news.ycombinator.com/item?id=49386895 https://news.ycombinator.com/item?id=49386895
- otterley 15d agoThat doesn't support the proposition that carrying a new or previously-cleaned phone across the border is cause for suspicion. In that case, the defendant wiped the phone after he was encountered by CBP.
- knownandunknown 14d agoIt's abundantly clear when a phone is new or previously-cleaned, they would consider that cause for suspicion all the same.
- otterley 14d agoClear from what? Cite examples where this has happened, please.
- knownandunknown 13d agoStep 1: Person is detained. Step 2: They wipe their phone on the spot. Step 3: Police say they're hiding evidence. If step 2 happens at the border post detention, or prior to arrival at the border, the perspective to the police is all the same, they see a wiped phone. Police detained somebody, saw they had a wiped phone. Doesn't matter when they wiped it. Common sense...
- otterley 13d agoThe law distinguishes between not bringing evidence to a law enforcement encounter and destroying it in the middle of one. Please, ask an attorney and educate yourself before you continue.
- quickthrowman 15d agoWhat are they going to do if you’re not carrying anything illegal and you’re a citizen? You cannot be refused entry to the US as a citizen and they can’t charge you or hold you without evidence. You don’t have to tell them why your phone is wiped, just stay silent until you’re released.