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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. wat10000 · · focus · HN ↗
          It's the same thing for US citizens entering the US. They can try to search your device, and they can seize it temporarily (although that may end up being a long temporarily), but they can't deny you entry.

          For a non-citizen, it's basically comply or go home, possibly with a fun stay in a detention center first.

          1. andix · · focus · HN ↗
            So it's even better for a non-citizen, because you can just turn around and go home?

            I don't get why some people end up in a detention center. Why not send them back home on the next flight? Even if people can't pay the ticket a lot of embassies will immediately pay for their citizen's ticket. Especially if they have a job and will be able to pay it back in a reasonable time. If it's an EU citizen they can be sent back on any flight going to Europe. So there is usually a possibility to leave within the hour.

            1. wat10000 · · focus · HN ↗
              Most people probably won't like having their plans ruined and a bunch of money wasted being forced to abandon their travel. And the US may be home to a noncitizen.

              As for why they end up in a detention center, maybe immigration thinks they might want to ask them some more question, or maybe they're just exacting some punishment on the uncooperative foreigner.

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