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Re:Just turning your phone on qualifies as searching it, cou... by Ciantic on Friday May 22, 2020 @07:10AM (#23270798)
I've heard from people that they use burner phone when they enter US, because at the border things get problematic.

Does this mean that it's now sufficient to turn off your phone in the border, and they can't demand to see it?

Re:Just turning your phone on qualifies as searching it, cou... by evgen on Friday May 22, 2020 @07:28AM (#23270914)
The government (via their customs agents) can search anything they want at the border and need neither probable cause or a warrant. Not going to work.
Re:Just turning your phone on qualifies as searching it, cou... by lotsofpulp on Friday May 22, 2020 @07:35AM (#23270984)
Which is defined as 100 miles from any border:

https://www.aclu.org/other/constitution-100-mile-border-zone

Re:Just turning your phone on qualifies as searching it, cou... by yardie on Friday May 22, 2020 @08:05AM (#23271199)
They definitely need a warrant and definitely need probably cause. And it definitely has to be within the jurisdiction of CBP, ie. they can't pull you over for running a light.

What you do have is a lot of Americans will defer to LEOs without a second thought.

Re:Just turning your phone on qualifies as searching it, cou... by blendergeek on Friday May 22, 2020 @08:12AM (#23271251)
At the border, they need neither a warrant nor probable cause.

https://en.wikipedia.org/wiki/Border_search_exception

Re:Just turning your phone on qualifies as searching it, cou... by yardie on Friday May 22, 2020 @08:41AM (#23271407)
This is correct. I mistakenly entered the wrong reply. I was referring to the 100 mile border zone. IT's not the same as the border crossing so I'm not sure why people continue to refer to it as being a rights free zone when it comes to CBP.
Re:Just turning your phone on qualifies as searching it, cou... by evgen on Friday May 22, 2020 @08:12AM (#23271243)
No, they really don't need a warrant and they really don't need probable cause. I could pull out USC refs but just read https://en.wikipedia.org/wiki/Border_search_exception
Re:Just turning your phone on qualifies as searching it, cou... by gamblor956 on Friday May 22, 2020 @10:24AM (#23272381)
No, they still need probable cause of an immigration or customs violation away from the border but within the 100 mile zone.

The government's position is that they do not. The courts have disagreed, especially with respect to using evidence found under such circumstances in criminal cases.

Re:Just turning your phone on qualifies as searching it, cou... by yardie on Friday May 22, 2020 @08:38AM (#23271397)
My mistake, I was actually replying to lotsofpulp on the 100 mile border zone. Once you've cleared the border it's not a free for all. All rights, except those related to the border crossing, are restored.
Re:Just turning your phone on qualifies as searching it, cou... by Sharlin on Friday May 22, 2020 @07:41AM (#23271026)
They can simply deny entry if you're a non-citizen and don't cooperate. For any reason whatsoever. (This, of course, holds for any sovereign country that does not have an open borders agreement with a country that you are a citizen of.)
Re:Just turning your phone on qualifies as searching it, cou... by cluenerf on Friday May 22, 2020 @07:49AM (#23271083)
If my choice is between not being able to enter the US and having US authorities go through my personal devices, I will choose non-entry. That part doesn't worry me so much.

What does worry me is that at the border I have no rights. The usual protections enjoyed by people inside the US don't apply to me. My privacy and dignity at the behest of the whims of whichever border guard I might encounter, and I have zero legal recourse if my rights are violated.

Re:Just turning your phone on qualifies as searching it, cou... by yardie on Friday May 22, 2020 @08:08AM (#23271219)
This is not exclusive to the US. Every country's border works similar. They can do enhanced interrogation without probably cause, without a lawyer.

You're right to refuse is still intact but your request to gain entry will almost certainly be denied.

Re:Just turning your phone on qualifies as searching it, cou... by sneak on Friday May 22, 2020 @08:13AM (#23271253)
Be careful, "enhanced interrogation" denotes actual torture, such as waterboarding.
Re:Just turning your phone on qualifies as searching it, cou... by yardie on Friday May 22, 2020 @08:32AM (#23271364)
You are right. I've changed my reply to enhanced questioning.

It's a shame that GWB, Condi Rice, Cheney, Tenet, Ashcroft, and Rumsfeld are walking around, on TV, and sitting on boards and none have faced consequences.