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The 4th Circuit Says Border Agents Can Search Your Phone By Hand, No Suspicion Required (www.eff.org)
submitted 3 months ago by to c/technology@lemmy.world
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[–] 32 points 3 months ago (7 children)

Oke, but am I required to give my password? Also is it "illegal" to give a duress pin if asked?

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  • [–] 4 points 3 months ago

    I believe a duress PIN is still a PIN, if they don't specify which they want, and then they enter it, they'd be hard pressed to actually charge you with obstruction.

    I'm not a lawyer but I've been told never to give my PIN out.

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  • [–] 7 points 3 months ago (1 child)

    This ruling doesn't get into that question. Based on how courts treat refusing to take a breathalyzer, I'm guessing it opens you up to being detained for 24 hours on suspicion of a crime, giving them time to obtain a warrant. A different write-up says that if you do not give a password, they can detain your device and make you wait; but you are not required to give up the password. No other write-ups I can find mention the password issue.

    I know previous rulings have said that Face Unlock does NOT count as forcing your password and is allowed by police in searches. When I go on international trips, I disable Face Unlock on my work phone before going to the airports to block that pathway since my phone contains company proprietary information and Controlled Unclassified Information (CUI). I have nothing embarrassing or illegal or incriminating on my personal phone, so I usually don't bother.

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    • [–] 48 points 3 months ago (2 children)

    And now, everyone!

    "IN THE LAND OF THE FREE
    AND THE HOME OF THE BRAVE!"

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  • [–] 17 points 3 months ago (1 child)

    The bravest and the freeest boys and girls, that's why nobody needs privacy, cause youre all so free and brave!

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  • [–] 2 points 3 months ago

    Today all the things were gone I'd worked for all my life And its hard to start again With no children and my wife I'd rue my cursed stars To be living here today 'Cause the flag now stands for serfdom And freedoms been taken away

    And I'm ashamed to be an American Where folks pretend their free And I won't forget, the men who lied Who took that right from me And I'd gladly stand up Next to you and regain her still today 'Cause ain't no doubt I used to love this land God help the USA

    From the lakes of Minnesota To the hills of Tennessee Across the plains of Texas From sea to shining sea From Detroit down to Houston And New York to L.A Well there's disgust in every American heart And it's time we stand and say

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    • [–] 23 points 3 months ago (1 child)

    I have a question about the whole port thing. Apparently (according to another case where a guy wiped his phone), international airports count as a port of entry where the authorities can search your phone without a warrant. But at the same time, shouldn't that only count in the event that you're using it as a port of exit or entry into the country? You mean to tell me I can take a flight to NY from Missouri and have my phone subjected to a search just because JFK is an international airport?

    Can I drive by a border crossing and be subject to search?

    According to the information found at this link the answer is yes.

    https://www.nolo.com/legal-encyclopedia/rules-car-searches-different-search-near-us-border.html

    So if I happen to live without a 100 mile radius of a border crossing I'm screwed? It seems like this decision further exacerbates an injustice inherent in the how much power ICE has, and it's bullshit. You should need probable cause to search someone.

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  • [–] 20 points 3 months ago

    Yeah. Has been for a long time friend. ICE stopping charter or even city busses to round up working people and make them prove they're citizens just because they happen to be within 100 miles of a border is practically a cliche at this point. Any international airport, shipping port, etc. works the same way. They operate on guilty until proven innocent, and if you are proven innocent, they'll invent a reason you're not anyway.

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    • [–] 18 points 3 months ago

    Reason Number 999 why I will refuse to enter the US if possible (or will have a decoy phone when entering the border)

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    [–] 25 points 3 months ago

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    [–] 13 points 3 months ago

    So much for "secure in your personal effects and documents"

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    [–] 6 points 3 months ago

    North Korea?

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    [–] 9 points 3 months ago (1 child)

    Let me guess, this doesn't count as a legal proceeding and so you can't plead the 5th?

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