Thread

1. jmclnx · 1789742712 · focus · HN ↗

   The article is not that clear in one way. Does this only apply to non-US Citizens ?

   1. weberer · 1789743181 · focus · HN ↗

      Anybody crossing the border. The justification is that the government's constitutional right to control imports overrides the 4th amendment right to privacy.

      >“The border-search exception is grounded in the recognized right of the sovereign to control, subject to substantive limitations imposed by the Constitution, who and what may enter the country.” Id. at 620. Because “[t]he Government’s interest in preventing the entry of unwanted persons and effects is at its zenith at the international border,” United States v. Flores-Montano, 541 U.S. 149, 152 (2004), “searches made at the border, pursuant to the long-standing right of the sovereign to protect itself by stopping and examining persons and property crossing into this country, are reasonable simply by virtue of the fact that they occur at the border,” Ramsey, 431 U.S. at 616.

      <a href="https:&#x2F;&#x2F;ww3.ca2.uscourts.gov&#x2F;decisions&#x2F;OPN&#x2F;24-960_complete_opn.pdf" rel="nofollow">https:&#x2F;&#x2F;ww3.ca2.uscourts.gov&#x2F;decisions&#x2F;OPN&#x2F;24-960_complete_o...

      1. petcat · 1789744324 · focus · HN ↗

         So the argument is basically that Americans already consent to allowing customs to search anything and everything that they are physically bringing across the border, whether a US citizen or not, and now that is also affirmed to include the digital contents of electronic devices.

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