News for hackers. Stuff that matters.
Re:Federal Judge Makes History: Border Searches of Cell Phon... by Spooky23 on Wednesday May 31, 2023 @07:53AM (#36137243)
The customs bubble extends beyond the desk. For example, bonded warehouses.
Re:Federal Judge Makes History: Border Searches of Cell Phon... by ceejayoz on Wednesday May 31, 2023 @01:07PM (#36140736)
I said the Fourth Amendment issue is "on one side of the Customs desk at said ports of entry", not "in every coastal area". The idea that you are subject to warrantless seizure on American soil just because you haven't cleared customs yet is a travesty, and I'm glad this ruling has started to address that.

As for coastal areas, though, If CBP can stop me away from the border without a warrant and without reasonable suspicion of a crime, that IMO is a Fourth Amendment violation. The ACLU cites specific cases of this happening: https://www.aclu.org/sites/default/files/field_document/14_9...

> Between 2006 and 2010 in the Rochester, NY, area, approximately 300 immigrants with legal status were arrested by Border Patrol agents, then released

They also cite the regulations establishing the 100 mile rule: https://www.law.cornell.edu/cfr/text/8/287.1 defines "reasonable distance" and "external boundary", and https://www.law.cornell.edu/uscode/text/8/1357 utilizes those definitions to do things like "without warrant... interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States" and "to board and search for aliens... any railway car, aircraft, conveyance, or vehicle".

It's quite clear that significant parts (all?) of Delaware fall within that claimed jurisdiction.