Border agents can search cellphones without a warrant or reasonable suspicion
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Border agents can search cellphones without a warrant or reasonable suspicion
Unofficial Hacker News client; not affiliated with Y Combinator.
mmh0000 · · focus · HN ↗
The 4th Amendment says, exactly:
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://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution#Border_search_exception" rel="nofollow">https://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United...
Zak · · focus · HN ↗
People keep misconstruing this.
The border search exemption only applies when someone is actually crossing a border, and it does grant broad authority to search whatever they're carrying with them at the time. The authority to do border enforcement within a 100-mile zone around borders does not grant a broad authority to search. It does grant a narrow authority to do things like traffic checkpoints, but those don't permit searches for anything smaller than a person without additional evidence.
I do think the ruling establishing the authority to run checkpoints other than actual border crossings was wrongly decided and harmful, but it's not what's at issue in this case.
gpt5 · · focus · HN ↗
1. Forcing you to unlock - in this case, Alisigwe unlocked their phone willingly after being asked.
2. Forensic extraction - the ruling does not give authorities the power to run a sophisticated off-site break-in on your phone without reasonable suspicion.
So if you are a US citizen, and you are willingly unlocking your phone at the border (or you don't have a passcode), the Fourth Amendment no longer protect you from a suspicionless manual search of the phone at the border
FireBeyond · · focus · HN ↗
gpt5 · · focus · HN ↗
LocalH · · focus · HN ↗
We don’t currently have such an administration.