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Border agents can search cellphones without a warrant or reasonable suspicion

235 points · 198 comments · mmh0000

  1. righthand · · focus · HN ↗
    So carry a separate device while traveling. Or wipe your phone, then restore after the border. This is just going to lead to a service that does this for you and the overreaching feds won’t be able to do anything about it.

    And as far as I can tell you still don’t have to give them your pin code.

    1. peezd · · focus · HN ↗
      It's been somewhat established that having a wiped or basic phone is in itself sus and reason for them to investigate you further.
      1. iamnothere · · focus · HN ↗
        They can investigate all they want, they can even detain you briefly, but if you are a citizen and there’s no evidence of a crime then they have to let you in.
        1. CamperBob2 · · focus · HN ↗
          They have more guns than you do, and these days, most of the judges are blindly and shamelessly on their side. They don't "have" to do jack.
          1. iamnothere · · focus · HN ↗
            You’re fearmongering. Despite what some may say, it’s not Nazi Germany. Rule of law still has sway.

            Find me caselaw where a “basic” phone was used as valid evidence. Or where the phone was already empty when someone began to approach the border.

            1. tombert · · focus · HN ↗
              I mean they'll shoot protesters execution-style and retroactively declare that person a terrorist before they've even done any investigations.

              It's not Nazi Germany, but this administration has certainly demonstrated that they're not above inventing reasons to justify their actions later.

              1. iamnothere · · focus · HN ↗
                Despite the problems, this stuff is still a rarity among most people. And most people understand that.

                It’s obviously getting worse, but that’s not a reason to give up all hope.

                1. tombert · · focus · HN ↗
                  I don't think I disagree with anything you said. I think cynicism is lazy.
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