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Border agents can search cellphones without a warrant or reasonable suspicion

235 points · 198 comments · mmh0000

  1. gigel82 · · focus · HN ↗
    This is confusing; what happens to you if you refuse a warantless search of your property?

    I'm a US citizen returning home. Do they just... send me back out of the country? :) I don't suppose they'd have the grounds to arrest me since there is no law that I can see being broken. I suppose they could keep the device until such time that a warrant could be obtained to digitally search / break into the device (but that requires some reasonable suspicion - simply refusing a warantless search isn't it).

    1. aDyslecticCrow · · focus · HN ↗
      They can put you in custody.
      1. mixdup · · focus · HN ↗
        Not for this they can't. They can seize your belongings but they can't detain you for something that isn't a crime and they cannot prevent you from entering the country if you're a citizen. You have an absolute right per Supreme Court rulings to enter the country unconditionally as a citizen
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