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From reading up on the laws and if what this article says is true, even if they unlocked his phone and found evidence of crimes on it, his case would be kicked to the curb as it was all an illegal search and correct procedures weren’t followed.
Border guards do not need a search warrant to search you and your property at a crossing or point of entry. The search was perfectly legal.
They can’t search your property without a warrant, probable cause, or your permission.
https://www.aclu.org/know-your-rights/border-zone
- An immigration officer also cannot search you or your belongings without either “probable cause” or your consent. If an agent asks you if they can search your belongings, you have the right to say no.
Of course they just deny you entry at that point…
They can’t deny a US citizen entry to the US.
I doubt it would be grounds for turning away a legal visitor, though you would have to have a way to challenge it.
You are sorely misinformed on both counts…
You think they can deny a US citizen entry into the US?
I think what is legal and what this administration does (and gets away with) are two very different things.
Write the duress PIN on a piece of paper in your wallet. Someone searching your phone is probably also searching your wallet and may try the PIN.
Genius. Flips the script. In the process of conducting an illegal search, you deleted my phone causing considerable financial and emotional damage. Lawsuit time.
It probably won’t work, at least (US)domestically. The requirement for obtaining a warrant before searching a phone is part of training because there is a clear Supreme Court ruling to that effect.
That being said, what the law says and what some random asshole does during a stop are not always the same thing.
Feds following the law? Did you miss the last decade?
That being said, what the law says and what some random asshole does during a stop are not always the same thing.
The indictment alleges that Tunick knowingly deleted the phone’s digital contents
My hot take: the officer wiped the phone. With their own hands. They’re just stupid.
that was the issue I was going to bring up. If the officer wants to try varuous pin numbers how is it the owners responsibility as to what the phone does.
My phone is set to automatically wipe after X number of incorrect pin attempts. If I just kept telling law enforcement the wrong pin number because I cant remember it exactly, what is the difference if the phone wipes. Once the phone is out of my hands how can I be responsible for what the phone does? (Assuming I dont issue a remote wiping command)
Hotter take: The phone was empty when he handed it over. There was nothing to delete.
It doesn’t look like anything to me.
Without a warrant, it’s literally his phone to do with it what he pleases. Baffled that that’s not the end of the conversation.
Assuming we lived in a rational world with a fair and impartial justice system, and not one that exists to funnel money from the working class into the Epstein class and kill or imprison everyone that makes that less easy.
I think the supreme court has said they can search phones without warrants at the border and points of entry, so airports.
You can’t be compelled to give them your password, but you can be compelled to use your biometric ID. Clear as mud.
Oh, because they are outside US borders they claim not to need a warrant, but that doesn’t stop them using US law to prosecute him though.
The headline is wrong.
Fascist regime fucks over people’s constitutional rights and could send a man to prison for protecting his own privacy.
There, fixed.
This is fucking stupid. If I delete something on my phone while I’m on vacation am I going to prison because the border patrol might have wanted to look at it?
