It’s legal within most of the US for customs/border enforcement to do warrantless phone searches, because their definition of border is 100 miles from point of entry to the country. So every coastline, every international airport, etc.
I’ve heard that is a misunderstanding. It’s 100 miles from a national border or at a point of entry, not 100 miles from any point of entry. It still covers like 50% of the population though.
Maybe so. But probably guessing targeting someone for a warrantless search would not be legal. That is to say, the cops can’t follow a guy and wait until they’re 100 miles from the border to pull them over and call over customs to search them. What may save Turnick is he was already being investigated and this search was clearly an endrun around needing a warrant.
It’s unfortunately a border entry. They can do whatever they want regarding searches in that jurisdiction. He won’t get away with it being an illegal search.
There are still outs, but they are not super likely :/
I think the application of that law depends on whether a seizure is valid (aka legal), which is kind of up in the air, as your video points out.
It’s legal within most of the US for customs/border enforcement to do warrantless phone searches, because their definition of border is 100 miles from point of entry to the country. So every coastline, every international airport, etc.
I’ve heard that is a misunderstanding. It’s 100 miles from a national border or at a point of entry, not 100 miles from any point of entry. It still covers like 50% of the population though.
Maybe so. But probably guessing targeting someone for a warrantless search would not be legal. That is to say, the cops can’t follow a guy and wait until they’re 100 miles from the border to pull them over and call over customs to search them. What may save Turnick is he was already being investigated and this search was clearly an endrun around needing a warrant.
My understanding is that it’s “only” 100 miles from the coast/border, which turns out to be most major population centers.
Yup, because airports
No, what I’m saying is that airports do not count. See: https://en.wikipedia.org/wiki/Border_search_exception
See also the ACLU site: https://www.aclu.org/documents/constitution-100-mile-border-zone
This one is more detailed: https://www.aclumaine.org/know-your-rights/100-mile-border-zone/
It’s unfortunately a border entry. They can do whatever they want regarding searches in that jurisdiction. He won’t get away with it being an illegal search.
There are still outs, but they are not super likely :/