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.
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.
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.
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).
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…)
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.
Absolutely, my initial comment was in relation to the duress code only, hus defence has some seemingly solid points tgat I hope will get the case tossed.
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.
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.
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.
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).
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…)
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.
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.
Absolutely, my initial comment was in relation to the duress code only, hus defence has some seemingly solid points tgat I hope will get the case tossed.