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,”

  • just_another_person@lemmy.worldEnglish
    1·
    57 minutes ago

    You seem to have zero knowledge on the subject, so let me educate you a lil bit:

    Data isn’t treated like physical evidence.

    Drugs and weapons are physical evidence.

    US laws do not cover any protections of ephemeral (non-physical) evidence pertaining to crimes committed ex post facto: meaning law enforcement is not privy to any and all collection of said data if not in scope for a crime committed, unlike…PHYSICAL EVIDENCE.

    You can see drugs. You can hold drugs. Law enforcement can make a reasonable assumption that someone shooting a gun in public is breaking the law and seize that gun, because they are actually breaking the law (juris laws dependent) by firing the gun.

    If suddenly our laws allowed the assumption that whatever exists on a phone for a random person in public contains something related to a crime, police would be able to stop anyone and everyone on the street everywhere and take their phone or data for simply thinking every person is suspicious. This is why the 4th amendment exists, and why police are enot allowed to do such things. His is why warrants are a thing.

    Read up.