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Border agents can search cellphones without a warrant or reasonable suspicion

235 points · 198 comments · mmh0000

  1. mmh0000 · · focus · HN ↗
    It is insane to me that judges consistently rule that the constitution doesn't apply because there's a "border" within 100 miles.

    The 4th Amendment says, exactly:

       The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
    I do not know how that could be unclear. My cellphone is my effect, and arguably, also a "paper". Which SHALL NOT BE VIOLATED. But apparently, I'm too dumb to understand the sentence[1].

    [1] <a href="https:&#x2F;&#x2F;en.wikipedia.org&#x2F;wiki&#x2F;Fourth_Amendment_to_the_United_States_Constitution#Border_search_exception" rel="nofollow">https:&#x2F;&#x2F;en.wikipedia.org&#x2F;wiki&#x2F;Fourth_Amendment_to_the_United...

    1. wat10000 · · focus · HN ↗
      The word &quot;unreasonable&quot; leaves the entire thing up to interpretation. Is it &quot;reasonable&quot; to search a traveler&#x27;s phone with no indication of any wrongdoing? You&#x27;d probably say no. I&#x27;d say no. The courts say yes. Neither answer is objectively right or wrong according to this text.
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