you are viewing a single comment's thread
view the rest of the comments
[–] 35 points 4 weeks ago (3 children)

Third option: Refuse to give your phone credentials unless these fascist pigs have a warrant or provide you with a lawyer.

  • source
  • parent
  • hideshow 6 child comments
  • [–] 22 points 4 weeks ago (2 children)

    Then they will just deny you entry into the country

  • source
  • parent
  • hideshow 4 child comments
  • [–] 42 points 4 weeks ago (1 child)

    The guy from the article was referred to as "a US man," so I'm assuming he has US citizenship.

    The border cannot legally deny US citizens from entering the US. But they can do all sorts of other things, like detain or delay or prosecute people for not complying.

  • source
  • parent
  • hideshow 2 child comments
  • [–] 26 points 4 weeks ago

    Unless they're going to see real repercussions for doing so, get definitely can do whatever they want. Rules and laws only matter if people care enough to follow them and enforce them. All they have to do is pretend the person didn't comply, and now they've got all the authority in the world to anything they want, regardless of what it says in the law books. Just look at what ICE is doing to US citizens; border patrol knows they can do all of that, too.

  • source
  • parent
  • [–] 22 points 4 weeks ago (1 child)

    He's a US Citizen. Legally they cannot deny him entry into the country.

    Central to these protections is the absolute right of a U.S. citizen to return to their country. This right is unequivocal. No matter where an individual has traveled, the duration of their absence, or their personal or legal background, a U.S. citizen cannot be denied entry into the United States. This principle is supported by both statutory and constitutional law. A landmark Supreme Court case, United States v. Wong Kim Ark (1898), established that citizenship includes the right to reenter the nation. Unlike lawful permanent residents or visa holders, U.S. citizens are exempt from admissibility criteria. Consequently, even if a U.S. citizen lacks proper documentation or is subject to further questioning, the government is obligated to permit their entry once their citizenship is verified.

  • source
  • parent
  • hideshow 2 child comments
  • [–] 5 points 4 weeks ago (2 children)

    What about give them the wrong pin, they initiate the device wipe, then you say they did it intentionally?

  • source
  • parent
  • hideshow 4 child comments
  • [–] 8 points 4 weeks ago (1 child)

    That is what happened. The accused told the boarder agent the duress pin when asked. The agent entered the pin that initiated the wipe.

    Could make a difference at trial, didn't stop the case prior to the arrest.

  • source
  • parent
  • hideshow 2 child comments
  • [–] -2 points 4 weeks ago (1 child)

    As far as I understand, from their point of view they have the lawful right to seize and inspect your phone. You could certainly refuse to hand it over, but that would certainly lead to incarceration or worse, with no positive outcome for you or society. It's one of those things that you're bot going to beat at the point of application, vut needs to be cut off at the root.

  • source
  • parent
  • hideshow 2 child comments
  • [–] 17 points 4 weeks ago (1 child)

    they have the lawful right to seize and inspect your phone

    Sure. They can look at the outside of the hardware all they like. But if they can't access the data on it, that's (Constitutionally-speaking) purely their problem, not ours.

  • source
  • parent
  • hideshow 2 child comments
  • [–] 0 points 4 weeks ago (1 child)

    My understanding is that, for the purposes of inspections during border crossings, that is not the case. Also, remember that the border agent can decide, for pretty nuch any reason, that you're not getting on the flight, and, I'm sure, can add a note to your record to suggest to agents on other flights that they stop you too.

  • source
  • parent
  • hideshow 2 child comments
  • [–] 9 points 4 weeks ago (2 children)

    US citizens have an unequivocal right to re-enter the county regardless of where they have been, how they returned, how long they were gone, or what they were doing. This was already determined by the Supreme Court in United States v. Wong Kim Ark (1898).

  • source
  • parent
  • hideshow 4 child comments
  • [–] 2 points 4 weeks ago (1 child)

    I admit, I didn't check, but if he was stopped on returning, then yes, he must be allowed in. He'd then be arrested.

  • source
  • parent
  • hideshow 2 child comments
  • [–] 6 points 4 weeks ago (1 child)

    The other two issues are that he was allegedly repeatedly denied access to a lawyer when asked and not read his Miranda rights. Given how border patrol has acted lately, this is incredibly plausible and will hopefully lead to the motion to throw out the case being granted.

  • source
  • parent
  • hideshow 2 child comments
  • [–] 2 points 4 weeks ago

    US citizens have an unequivocal right to enter the country, eventually, just not necessarily on a flight they booked (or any flight in the next few weeks, until the goons are done with them....)

  • source
  • parent