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The Fourth Circuit Says Border Agents Can Search Your Phone By Hand, No Suspicion Required (www.eff.org)
submitted 1 month ago by to c/aboringdystopia@lemmy.world
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cross-posted from: https://piefed.social/c/politics@lemmy.world/p/2231481/the-fourth-circuit-says-border-agents-can-search-your-phone-by-hand-no-suspicion-requir

Legal intern Suzanne Castillo was the principal author of this post.The Fourth Circuit issued a disappointing opinion in U.S. v. Belmonte Cardozo, a case in which EFF filed an amicus brief, alongside the national ACLU, its Maryland, North Carolina, South Carolina, and Virginia affiliates, and the...

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[–] 17 points 1 month ago (5 children)

This is no help to people who live in the US and do not have the means to leave (myself)

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  • [–] 5 points 1 month ago* (4 children)

    My condolences. Though I'd imagine your interactions with border agents would also be fairly minimal if you have no means to leave, if that's any consolation.

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  • [–] 7 points 1 month ago* (last edited 1 month ago) (2 children)

    Border agents (otherwise known as ICE) have been dispersed across the country to terrorize protestors and voting booths. They harass anyone left of far right, and especially minorities. They have already moved hundreds of people to concentration camps, and there are murders in the double digits so far.

    I appreciate the thought, however it is more likely I'd have to interact with one of these people than you think.

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  • [–] 1 point 1 month ago* (last edited 1 month ago) (1 child)

    ICE acts outside of the law anyways, so whatever the law says or doesn't say seems to have no real impact on how they behave. The article itself mentions only searches at the border when entering the US, so this legal precedent (in theory) shouldn't enable them to perform a warrantless search if you're already in the US.

    If you have more legal context than the author and want to read further into the precedent than that, I'm not here to say anyone is wrong, just that the scenario you mention doesn't seem to apply to what the article is describing.

    The border search exception allows warrantless searches of persons or property crossing the U.S. border, including the functional equivalent of the border such as international airports

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  • [–] 2 points 1 month ago

    Practically the entire country is the border in US law and as you pointed out, law is dead here... obviously they aren't going to state "we have the right to manually search every single person's phone" because that would piss off everybody, we've been through shit this before and have definined borders to literally be like 95% of the country.

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  • [–] 2 points 1 month ago

    no they are allowed to work within many miles of a boarder which includes all international airports along with actual boarders and coastlines. There is very little of the us that the boarder patrol cannot be effing things up. This is why you see all the articles in the us about them killing and detaining citizens. seriously our country is functioning just like nazi germany and soviet russia funtioned fine.

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