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A comment on Federal Judge Makes History: Border Searches of Cell Phones Require Warrants. Parent comment

Re:Federal Judge Makes History: Border Searches of Cell Phon... by hayst4ck on Tuesday May 30, 2023 @10:29PM (#36133799)
If we search foreigners phones, that means we are OK with our own phones getting searched too. If our foreign policy is creating a "rules based international order" which Blinken certainly seems to say a lot, then rules for thee but not for me is a clear violation of that principle. I don't want my phone searched at borders which means I don't want to search other peoples phones at the border, particularly without a warrant.

Border agents with unchecked discretionary power is also a slight against rule of law and I think warrants are a check on that power. Maybe they are more checked than I believe them to be or have less discretionary power than I believe them to have. I am open to the idea that I am wrong.

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Re:Federal Judge Makes History: Border Searches of Cell Phon... by Dalewyn on Wednesday May 31, 2023 @02:58AM (#36135330)
Entering a country as a foreigner is a privilege and not a right, but you neglect the fact that entering a country as a citizen of that country is a right and not a privilege.

There is absolutely a distinction to be made between a foreigner and a citizen and their respective personal properties.

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Re:Federal Judge Makes History: Border Searches of Cell Phon... by Mordisquitos on Wednesday May 31, 2023 @05:17AM (#36136223)
> There is absolutely a distinction to be made between a foreigner and a citizen and their respective personal properties.

But that distinction is not relevant in this case. Case in point: your luggage.

Try using your status as a citizen to refuse your luggage to be inspected for contraband or taxable imports when returning to your home country from one with which it does not share a tax and customs union, and see how that goes.

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Re:Federal Judge Makes History: Border Searches of Cell Phon... by ClumsyPilot on Wednesday May 31, 2023 @06:42AM (#36136743)
> Entering a country as a foreigner is a privilege and not a right

We have the Visa application and interview process for that.

> There is absolutely a distinction to be made between a foreigner and a citizen and their respective personal properties.

Could you pinpoint this distincrion?

What would I be allowed to carry through US border as a citizen but not as a foreigner? Guns? Cocaine? Illegal french cheese?

I think you are resting in fallse comfort that your possesions are more protected than those of unwashed foreign masses.

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