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Border agents can search cellphones without a warrant or reasonable suspicion

235 points · 198 comments · mmh0000

  1. andix · · focus · HN ↗
    Anyone still crossing US borders with electronic devices that aren't fully wiped? This is company policy for some European companies for a long time. Even during the Biden administration.

    Most employees just receive a wiped phone/laptop for the duration of the trip. Depending on the country its either a device that only has access to the bare minimum of Services, or for countries like Russia they issue a dumb phone that can only call and text.

    1. flerchin · · focus · HN ↗
      It's frankly insane that y'all have to do that, and yes Americans cross the border, perhaps haplessly.
      1. andix · · focus · HN ↗
        Is there any difference between US citizens and visitors? It just seems like US citizens think those charades are normal and don't question them. In my home country I can just deny getting my devices searched. They might be allowed to seize and seal them, awaiting a court order for searching the device. Which I could appeal. Basically the same process as anywhere else in the country, international borders are not some special place that gives the police superpowers.

        Ps: we also don't have some special paramilitary border police. Just regular police stationed at the border.

        1. Zak · · focus · HN ↗
          Yes, there's a difference: US citizens have the right to enter the USA; visitors do not. US officials can deny a visitor entry arbitrarily, and the visitor has limited recourse to appeal such a decision. A visitor who does not cooperate with officials who want to search something is likely to be denied entry.

          A citizen may only be denied entry if they're entering the country for the purpose of committing a crime, and if the government can prove that, they'll probably admit the citizen and immediately arrest them instead.

          1. SR2Z · · focus · HN ↗
            A US citizen cannot be denied entry into the country for ANY reason. A valid US passport is prima facie evidence of citizenship so once you show it the worst that can happen is you getting arrested.
            1. Zak · · focus · HN ↗
              I remember reading about narrow exceptions, but a quick search suggests I was mistaken.
            2. kmoser · · focus · HN ↗
              That's the theoretical worst that should happen. The theoretical worst that could happen is far worse than that.
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