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Border agents can search cellphones without a warrant or reasonable suspicion

235 points · 198 comments · mmh0000

  1. righthand · · focus · HN ↗
    So carry a separate device while traveling. Or wipe your phone, then restore after the border. This is just going to lead to a service that does this for you and the overreaching feds won’t be able to do anything about it.

    And as far as I can tell you still don’t have to give them your pin code.

    1. peezd · · focus · HN ↗
      It's been somewhat established that having a wiped or basic phone is in itself sus and reason for them to investigate you further.
      1. iamnothere · · focus · HN ↗
        They 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.
        1. CamperBob2 · · focus · HN ↗
          They 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.
          1. iamnothere · · focus · HN ↗
            You’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.

            1. tokai · · focus · HN ↗
              Rule of Law was very strong in Nazi Germany. Everything that regime did was legal in Germany at the time.
              1. iamnothere · · focus · HN ↗
                If 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.
            2. tombert · · focus · HN ↗
              I 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.

              1. iamnothere · · focus · HN ↗
                Despite 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.

                1. tombert · · focus · HN ↗
                  I don't think I disagree with anything you said. I think cynicism is lazy.
            3. CamperBob2 · · focus · HN ↗
              Rule of law still has sway.

              Get back to me once the Good and Pretti homicides in Minneapolis have been prosecuted.

              1. iamnothere · · focus · HN ↗
                I 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”.
                1. CamperBob2 · · focus · HN ↗
                  My 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.

                  1. otterley · · focus · HN ↗
                    The question isn’t whether something is merely possible. You could get struck by a moving ambulance tomorrow.

                    It’s about how likely something is.

                    1. CamperBob2 · · focus · HN ↗
                      Getting more likely every year.
        2. matheusmoreira · · focus · HN ↗
          And if you're not a citizen?
          1. iamnothere · · focus · HN ↗
            Then this does not apply. Best to consult a lawyer
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