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re: Man charged for wiping his phone with "duress password" during airport search
Posted on 7/26/26 at 8:50 pm to Ingeniero
Posted on 7/26/26 at 8:50 pm to Ingeniero
quote:
The U.S. government has long claimed it can search and seize people’s devices without a search warrant or court order until they are permitted entry to the United States.
“people’s” is a broad term. SCOTUS needs to make sure US citizens are excluded due to something called the bill of rights. They want unlimited power over a citizenry with zero rights. Government is asshoe.
0
Posted on 7/26/26 at 8:55 pm to LemmyLives
quote:
The motion said that the border agents claimed they did not need a warrant to search Tunick’s phone because he had not yet crossed the U.S. border.
This is why I assumed he wasn't in the US.
Posted on 7/26/26 at 9:12 pm to JohnnyKilroy
quote:
you have nothing to hide, you shouldn’t have a problem with the government accessing your phone upon demand
Well frick that….the constitution of the United States would disagree.
Posted on 7/26/26 at 9:21 pm to Tygerfan
quote:
If That is the case, how are they able to charge him for a "crime" that he supposedly committed outside of US jurisdiction
Agreed…if they are outside of their jurisdiction, how can they even demand to search his phone?
Posted on 7/26/26 at 9:42 pm to Uncommon Idea
quote:Apparently, yes.
But the US can force a citizen to allow unfettered access to their papers (and potentially incriminate themselves) just because they've traveled internationally?
Posted on 7/26/26 at 9:43 pm to Roaad
I guess the better phrase would be “obstruction”.
Posted on 7/26/26 at 9:46 pm to Spankum
Customs is allowed to search any physical item in your possession. But technically they can’t search anything stored in the cloud without a warrant. From a functional perspective, I doubt that line is respected.
That guy went spent an awful lot of effort to choose the worst available solution to his problems.
That guy went spent an awful lot of effort to choose the worst available solution to his problems.
Posted on 7/26/26 at 9:53 pm to Scruffy
quote:
Border Search Exception: The "border search exception" allows federal officers to conduct warrantless searches of persons and items entering the United States without probable cause or reasonable suspicion. This authority extends to electronic devices, and while officers cannot force a traveler to provide a passcode, refusal to unlock a device can lead to prolonged detention.
Case closed
He doesn't have to, he never refused
He gave them A code, he did not have to provide any code
Posted on 7/26/26 at 9:59 pm to lsuconnman
I am more interested in the implication that he has no rights to counsel simply because he hadn't crossed the border (according to CBP), like is the govt really going to argue he has no rights outside the US even as a citizen? That's a wild take, on top of the 4th and 5th amendment considerations.
Posted on 7/26/26 at 9:59 pm to Roaad
quote:I am going to play devil’s advocate here.
Case closed
quote:You are right.
He doesn't have to, he never refused
He gave them A code, he did not have to provide any code
He, apparently, doesn’t have to give them the code, BUT if he knowingly supplied them with a false code that would result in destruction of the data/phone, that could be construed as “obstruction”.
Had he simply refused to give them the code, I would agree entirely.
It was the act of destruction of the phone that could be argued otherwise.
Again, makes for an interesting case.
Posted on 7/26/26 at 10:14 pm to SlowFlowPro
quote:
This "logic" is how the Police State has been allowed to grow so much
I’m not supportive of the police state. I wasn’t a supporter of the patriot act either when it was proposed and implemented. But what necessitates someone to have something like this?
Posted on 7/26/26 at 10:20 pm to NYNolaguy1
I don’t see the issue. Any time you go to the airport there’s a million signs that say anything you’re carrying is subject to inspection, then someone tells you the rule. I think some international airports even offer an immunity box before you cross the threshold. …what additoonal insight would Matlock bring to the table to assist in a straightforward expectation?
Posted on 7/26/26 at 10:26 pm to Ingeniero
“In case of death please clear my browser search history….” taken to the extreme.
Posted on 7/26/26 at 10:40 pm to Ingeniero
Does the term “unlawful search and seizure” mean anything to you, bootlicker? Shooting from the hip. Get a warrant, assholes.
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