US accuses American of allegedly wiping his phone using a 'duress' password during border search | TechCrunch
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A U.S. citizen has asked a court to throw out the government's claim that he gave over a passcode to border authorities that wiped his phone's data, opening up fresh questions about a person's constitutional rights at the U.S. border.

cross-posted from: https://lemmy.world/post/49853131

Feels to me like GrapheneOS did exactly what it should, passing the US border test with flying colours!

Funny part about this lawsuit: “With a little planning ahead of time, you can always download the data you need once you get to where you’re going,”

  • Zen_Shinobi@lemmy.worldEnglish
    84·
    21 hours ago

    It depends. If the police suspect the owner has evidence of some sort on the phone, destroying it can lead to a tampering with evidence charge from the police.

    A tampering charge doesn’t have to be from a court order. If someone eats or dumps out drugs where the police can’t collect the physical drug, it will stick.

    But in the story’s case, it falls within the 100 miles of the US boarder (called a boarder search exception) a warrant, probable cause, or RAS aren’t needed here. It’s considered a reasonable search so the 4th amendment is limited here.

    There is a lot to it and really don’t think this is the best format for it here.

    • just_another_person@lemmy.worldEnglish
      101·
      20 hours ago

      It does not depend. 4th amendment is superceded by any state law, and it’s SUPER clear that unless a crime has been committed and prosecutorial procedures are in place, no search or seizure is legal.

      That’s the whole point.

      • Zen_Shinobi@lemmy.worldEnglish
        12·
        9 hours ago

        It’s a federal law. It’s been legal since the constitution was written. There have been numerous court hearings stating it’s legal.

        You might want to reread the 4th again. The supreme court has ruled international boarder crossing as a reaonable search, thus no warrant, RAS, or PC needed.

        • just_another_person@lemmy.worldEnglish
          21·
          8 hours ago

          Again…you can SEARCH all you want. Whether you find anything is not mandated.

          I’m not sure what’s so hard to understand about this.

          • chloroken@lemmy.mlEnglish
            11·
            41 minutes ago

            And if you destroy evidence during an official investigation, it’s tampering.

            I’m not sure why you’re so confidently wrong. It’s fucking embarrassing.

            • just_another_person@lemmy.worldEnglish
              1·
              23 minutes ago

              Did you read the article and the laws pertaining to data seizure at the border? Crossing the border doesn’t constitue an investing ANY kind, and also doesn’t suddenly conjure up some sort of suspicion that a crime is in progress or has been committed, meaning no pretense for charges because PERSONAL DATA was not seized. Good lawd.