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WashPost: "U.S. customs agents are searching more cellphones — including those belonging to Americans"
January 06, 2018, 06:50 PM
dwright1951WashPost: "U.S. customs agents are searching more cellphones — including those belonging to Americans"
Don’t bother me, they can play with my flip phone til they are blue in the face, it’s just a phone!
January 06, 2018, 07:03 PM
BamaJeepsterquote:
Originally posted by flashguy:
As has been posted, they don't need permission to search your car when you cross the border entering the US--it's part of their job. By leaving the country and returning, you have acceded to that permission.
flashguy
Trunk of car would be different for sure. I've traveled out of the country and know they search suitcases and anything you bring in. They are looking for contraband or items that you haven't paid customs on.
My phone is personal property and there is nothing on my phone that could be 'contraband'. As the article points out, all they can do is ask and they cannot deny you entry based on your response.
So the answer is a firm, polite 'No'.
“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.”
- John Adams January 06, 2018, 07:06 PM
slosigquote:
Originally posted by Hound Dog:
I din't CARE about the miniscule percentage - a violation of rights is a violation of rights, and must be fought.
Coercing someone to surrender their ohone is jack boot thuggery (how many of us be ok with losing our phone for 5 days?). . .
There are days when Id like to lose my phone for a month, but I agree with you 100%.
January 06, 2018, 07:12 PM
2PAKWhen traveling inbound internationally all sorts of interesting things can happen to you at border crossings that normally couldn’t or wouldn’t occur as a US Citizen or, non citizen for that matter, already within the US. Then there’s the 100 mile border zone thingy that’s also interesting on another level.
January 06, 2018, 07:19 PM
DennisMquote:
Originally posted by BamaJeepster:
quote:
Originally posted by flashguy:
As has been posted, they don't need permission to search your car when you cross the border entering the US--it's part of their job. By leaving the country and returning, you have acceded to that permission.
flashguy
Trunk of car would be different for sure. I've traveled out of the country and know they search suitcases and anything you bring in. They are looking for contraband or items that you haven't paid customs on.
My phone is personal property and there is nothing on my phone that could be 'contraband'. As the article points out, all they can do is ask and they cannot deny you entry based on your response.
So the answer is a firm, polite 'No'.
There's a crap-ton of stuff that's "contraband", dutiable, or violative of US law that can travel in digital form, inbound OR outbound.
You probably can't be compelled to give up passwords, but pretty much anything crossing the U.S. international border can be detained and searched.
January 06, 2018, 07:24 PM
BamaJeepsterquote:
Originally posted by DennisM:
There's a crap-ton of stuff that's "contraband", dutiable, or violative of US law that can travel in digital form, inbound OR outbound.
You probably can't be compelled to give up passwords, but pretty much anything crossing the U.S. international border can be detained and searched.
Exactly. They can ask US citizens, but can't compel or deny entry based on the response.
Just as an officer can ask to search your car or home and you would be stupid to give permission in almost all cases.
“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.”
- John Adams January 06, 2018, 07:24 PM
kxc223You would be surprised how many child predators are discovered at the border with child porn on their phones.
At the border a phone is treated as "goods" and they are subject to searches. It's no different than crossing the border with a locked briefcase or safe and saying you can't look in there because its my personal and private stuff.
"Momma say's the pistol is the Devil's right hand."
January 06, 2018, 07:26 PM
BamaJeepsterquote:
Originally posted by kxc223:
You would be surprised how many child predators are discovered at the border with child porn on their phones.
At the border a phone is treated as "goods" and they are subject to searches. It's no different than crossing the border with a locked briefcase or safe and saying you can't look in there because its my personal and private stuff.
Except, as the article states, that's not true. They can ask your permission, but cannot compel you to give pass codes or deny entry based on your response. They can look at my phone all they want, but good luck guessing the pass code.
“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.”
- John Adams January 06, 2018, 07:29 PM
mbinkyJust easier to wipe it. Backup before you leave, spend two weeks traveling Europe taking pics, backup to the cloud every night, and wipe the phone before you catch the flight to the US.
"Sure officer, here is my phone, it's unlocked".
Then get home and backup from the cloud. Easy peasy.
January 06, 2018, 07:31 PM
IntrepidTravelerOK, so this has always confused me. Not border crossings, but border inspection stations.
Out of El Paso,, there are two I've been through. One on the highway to Carlsbad, and one on I-25 toward Truth or Consequences. Every car has to stop and is subject to inspection.
I went through the I-25 one once, and a dog sniffed my truck. It popped on something (guessing cat pee on a tire, but who knows), and they pulled me over for a search. I complied, nothing to hide and didn't want the hassle, but how is all this legal?
And when I make the trip, I usually get some candy for the guys too, which they really appreciate.
Thus the metric system did not really catch on in the States, unless you count the increasing popularity of the nine-millimeter bullet.
- Dave Barry
"Never go through life saying 'I should have'..." - quote from the 9/11 Boatlift Story (thanks, sdy for posting it) January 06, 2018, 07:41 PM
BamaJeepsterquote:
Originally posted by IntrepidTraveler:
I complied, nothing to hide and didn't want the hassle, but how is all this legal?
Border search exception
“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.”
- John Adams January 06, 2018, 07:54 PM
airsoft guy
Dango, most of Washington state is in this magical Border Zone where they can set up checkpoints.
(One would think that the ACLU could find a higher quality map))
quote:
Originally posted by Will938:
If you don't become a screen writer for comedy movies, then you're an asshole.
January 06, 2018, 08:24 PM
mbinkyNext thing you know, California will be asking you to declare fruits and vegetables when you enter the state....(I wonder if Pelosi is exempt...)
January 06, 2018, 09:21 PM
slosigquote:
Originally posted by mbinky:
Next thing you know, California will be asking you to declare fruits and vegetables when you enter the state....(I wonder if Pelosi is exempt...)
I assume that you are being sarcastic, as CA has had produce inspection stations on the Interstates for as long as I can remember.
January 06, 2018, 09:45 PM
mark_aThis is one of the reasons we don't use thumbprints to access our phones. Fingerprints are easy to compel. Passcodes not so much.
January 06, 2018, 09:50 PM
mbinkyquote:
Originally posted by slosig:
I assume that you are being sarcastic, as CA has had produce inspection stations on the Interstates for as long as I can remember.
I am. I was driving from Yuma to Cali on the 8 once and hit it. Totally blew my mind. "Um...no sir, no fruit or vegatables to declare" (had a shit ton of guns and ammo). I always wanted to yell "I got a banana in my tailpipe and you cant stop me" as I laughed maniacally and drove on through...
January 06, 2018, 09:52 PM
mbinkyquote:
Originally posted by mark_a:
This is one of the reasons we don't use thumbprints to access our phones. Fingerprints are easy to compel. Passcodes not so much.
Wasn't there a legal ruling within the past few years that dealt with this? Something about passcodes being different than biometric codes?
January 06, 2018, 11:40 PM
chongosuertequote:
Originally posted by mbinky:
quote:
Originally posted by mark_a:
This is one of the reasons we don't use thumbprints to access our phones. Fingerprints are easy to compel. Passcodes not so much.
Wasn't there a legal ruling within the past few years that dealt with this? Something about passcodes being different than biometric codes?
Passcodes that are in your brain are protected by the 5th Amendment.
Biometric codes are non-testimonial, and one can be forced to provide the biometric to open the device.
Thing is, I've got 10 fingers, and my phone's fingerprint thingy will fail to read only a couple of times before it requires a pass code...
Knowing what one is talking about is widely admired but not strictly required here.
Although sometimes distracting, there is often a certain entertainment value to this easy standard.
-JALLEN
"All I need is a WAR ON DRUGS reference and I got myself a police thread BINGO." -jljones
January 07, 2018, 01:38 AM
Rightwirequote:
Originally posted by Skins2881:
quote:
Originally posted by braillediver:
Sensationalist headlines for a less than meaningful story? A 60% increase= .007% of travelers. Multiple devices per person would lower that even more.
"The agency said it searched 30,200 devices but the inspections affected only 0.007 percent of the 397 million travelers"
Fourth Amendment - U.S. Constitution quote:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
Which is well and good, except I'm guessing that if you refuse they will deny you entry. How long are you going to sit at an airport or border station waiting for your attorney to fight this out through the US legal system?
Pronoun: His Royal Highness and benevolent Majesty of all he surveys
343 - Never Forget
Its better to be Pavlov's dog than Schrodinger's cat
There are three types of mistakes; Those you learn from, those you suffer from, and those you don't survive. January 07, 2018, 01:48 AM
deepoceanWhat do they do with the phone during the 5 days?