Federal Judge Makes History In Holding That Border Searches of Cell Phones Requi...

Federal Judge Makes History In Holding That Border Searches of Cell Phones Require a Warrant

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  All they need to do is search all [imgur.com] those [imgur.com] priests [imgur.com] who go back and forth across the border if they're looking for CP.

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  Exactly. "Reasonable" suspicion is making too little or too much eye contact or some such.

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  That is why, when going over the border of (proto) totalitarian states, you always only carry clean devices. In such countries, the rule of law is not there to protect anybody except the rich and powerful, the occasional case of the judiciary doing some virtue signalling to pretend otherwise (as here) notwithstanding.

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    And then you get detained on suspicion of hiding something... because nobody's device can be that clean.

    "Something is really wrong here, everyone has a Facebook."

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      Already, today in the US they can't search your device for child porn if you're not in the "border zone". Ie, in Nebraska that can't stop you and forcibly check your mobile phone. However there's been the looser guideline that the border zone doesn't count, and thatr border zone was NOT just the border crossing and customs, but extended many many miles inland, and it's good for a court to finally push back on this abuse. So rights that exist in Omaha should also exist in San Diego or El Paso.

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    Better yet - just avoid going to these "horrible" countries. They don't want you and you won't get the freedom's you think you deserve.

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        Easy: I don't leave, if I can avoid it. For example, there's a Chinese restaurant just across the border near Buffalo, and we've been going there for decades. Since it's become such a pita to get back into my own country, we don't go anymore. The fascists won that one.

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      The 4th Amendment generally doesn't apply at a US Customs and Border Protection checkpoint.
      
      If a CBP officer says "unlock and open your suitcase so I can search it" you are required to do so. If you say "no" they can take it from you and force it open.

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        Yes but that's in custom's office. However there's been a "border zone" concept that this was true even once you're outside the actual border crossing. Ie, this border zone extends north of San Diego. A lot of people pushed for this and defended it in the attempt to push back against illegal immigration even though the constitution affirms the basic rights of everyone on its soil. (Sad that some of these people keep proclaiming the constitution as their holy document despite having never read it.)

• A former employer simply had a phone for you at your destination and advised to NOT travel with a cell (or laptop) at all. The advice was to purchase a "burner" phone if you wanted one during the travel, and to destroy and discard the phone before re-entering the US (and return the laptop to the foreign office after a DBAN wipe). We were told it was because several times it was found that when planting contrived false information on cell phones resulted in federal action sans warrant or cause. Same happened with USPS documents. It was said that internal information wound up in the hands of competitors resulting in loss of opportunity.

  I thought at one point they needed to wear the tinfoil shiny side in. Now, I'm not so sure they didn't have the situation nailed. It's one of those situation where, you think "Naw, they're just being stupidly paranoid!" and later, turns up, maybe not.

  • Re: So they just search for CP

    This is my theory for how so many previously normal people became COVIDiots. Yes the government lied to you about Iraqi WMDs and about spying on you and so on. Then when grifters started saying the government is lying to you about COVID it was easy to believe.

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    It's kinda funny that "Dirk's Boot And Nuke" has become the gold standard date erasing tool.

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    Can you please go into more detail about what happened involving planting information? Are you saying your company was victimized by American agents planting material on company devices at the border and then using that info for criminal investigation? And what about the USPS documents? What happened there?

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  No, CP was the old standard. The new one is "urgent circumstances." There has to be a hot pursuit or something that they can blame it on. Which means they can't just do it to everyone.

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  While this is true, if this holds it at least gives you a path to follow for challenging the search and results. Before this, there was really no way to even challenge the search even after the fact it was completely allowed. At least now, people can challenge and they have to prove at least some suspicion they can prove of CP. Will the judges give them plenty of leeway? Of course they will. But this at least gives some path forward as where before there was none.

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  Just be glad you live in a free country where they even have to bother. In fascist European Union "fruit of the poisonous tree" is not even a topic (except for very very extreme cases, like "admissions" during torture), everything they get on you is fair game.

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  Still need probable cause, they can't just search everything with a lame excuse. Judges already slap wrists for this.
  It's more of the same tug of war between law enforcement (we want to do everything) and the courts (you can only do so much).

  It is good though that it affirms (if SCOTUS upholds it) that rights apply even at the border. Meaning, rights apply even for people who are foreigners, or in undesirable classes, as long as they're on US soil or territories. I see some who really want a big crackdow