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Second Circuit allows government to search electronic devices at the border

131 points · 79 comments · HotGarbage

  1. jmclnx · · focus · HN ↗
    The article is not that clear in one way. Does this only apply to non-US Citizens ?
    1. weberer · · 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. howdyhowdy · · focus · HN ↗
        Worse though, is that the definition of border is hella loose. CBP can be many MANY miles away from an actual border and do this.
        1. jwineinger · · focus · HN ↗
          from <a href="https:&#x2F;&#x2F;www.help.cbp.gov&#x2F;s&#x2F;article&#x2F;Article-1253?language=en_US" rel="nofollow">https:&#x2F;&#x2F;www.help.cbp.gov&#x2F;s&#x2F;article&#x2F;Article-1253?language=en_...

          &gt; Immigration Officers, without a warrant, may &quot;within a reasonable distance from any external boundary of the United States...board and search for non-citizens in any vessel within the territorial waters of the United States and any railcar, aircraft, conveyance, or vehicle. 8 CFR 287 (a)(1) defines reasonable distance as 100 air miles from the border.

          from <a href="https:&#x2F;&#x2F;www.aclu.org&#x2F;know-your-rights&#x2F;border-zone" rel="nofollow">https:&#x2F;&#x2F;www.aclu.org&#x2F;know-your-rights&#x2F;border-zone

          &gt; Nearly two-thirds of the U.S. population, over 213 million people, reside within the region that CBP considers falling within the 100-mile border zone, according to the 2020 census. Most of the 10 largest cities in the U.S., such as New York City, Los Angeles, and Chicago, fall in this region. Some states, like Florida, lie entirely within this border band so their entire populations are impacted.

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