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Returning from vacation? The government can search your phone without a warrant

411 points · 378 comments · rbanffy

  1. TrackerFF · · focus · HN ↗
    Yeah, people are unfortunately not informed on just how much power border agents wield. Not only in the US, but in many (most I'd believe) other countries, too. I've worked on cases (intel side) where the law-enforcement side would just wait for the surveillance objects to cross the border, as that's where they could do most data collection with the least hassle.

    If for whatever reason you think you're being investigated or surveilled (who knows for what these days, could be enough to just associate with the various protest groups / orgs), you can just assume that the border will be where they'll try to clone / download your data (phones, laptops, whatever)

    1. jwr · · focus · HN ↗
      I'm lucky to live in a country (Poland) where border agents can either let you in, arrest you if there is an arrest warrant, or detain but only with a lawful basis for detention (as in, you are posing a threat to others) and detention may be used only when other measures have proved pointless or ineffective.

      This makes returning to the country nice and pleasant. The border agents never ask you creepy questions like: Where are you going? Where will you be staying? What do you intend to do? (it's what US border agents ask their citizens). They just say hi and let you in.

      1. keiferski · · focus · HN ↗
        Poland border agents do ask why you're visiting. Don't know where you're getting that info.
        1. jwr · · focus · HN ↗
          My point was that Polish citizens do not get asked. This is different for Americans. US citizens entering their own country have to answer these bizarre and sometimes creepy questions.
          1. palmotea · · focus · HN ↗
            > My point was that Polish citizens do not get asked. This is different for Americans. US citizens entering their own country have to answer these bizarre and sometimes creepy questions.

            It's not like I kept a list or anything, but as an American, I don't think I've ever been asked questions like "Where are you going? Where will you be staying? What do you intend to do?" by border control when returning to the US.

            I distinctly recall having been asked questions about where I'm coming from, like "Do you have any X"? (where X is legal and common in a country I visited, but illegal in the US).

            1. kevin_thibedeau · · focus · HN ↗
              They're on the lookout for criminal activity. I transited lower Ontario with empty containers for a completed move between states. That can look like smuggling to the guards and you get more probing questions.
            2. eks391 · · focus · HN ↗
              I am a US citizen who has left the States a small handful of times. I received probing questions twice while crossing the USA-CAN border (which I have crossed ~6 times), once where the agent got angry with me because apparently I wasn't answering/following her directions well enough, and the other time the agent seemed to just be following a protocol. The only other time I was questioned was on my way to Iran, but everyone was getting questioned. That flight was delayed by over 3 hours too.

              I do not look like an immigrant or other marginalized group that stereotypically gets extra attention at borders. I know the difference, because my (American) brother-in-law gets 'randomly selected' everywhere for the misfortune of having Arabic ancestry.

              1. brailsafe · · focus · HN ↗
                I'm a CAD citizen and usually have an easy time driving into the states, but have been searched or pulled aside twice. Flying in is always easier. Crossing back into Canada, Iirc I've been searched 4 times. It's usually a routine thing because I'm often crossing back in at strange times alone.
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