At the U.S. border, police can still search your phone without a warrant

FunctionalOlfactio

Bluelighter
Joined
Jun 19, 2013
Messages
239
By Aaron Sankin on June 28, 2014

On Wednesday, the U.S. Supreme Court handed down a decision that should matter to the over 90 percent of Americans who carry around cellphones. The court ruled that if a law enforcement officer wants to search your mobile device, they’re going to have to get a warrant first.

Writing for the unanimous majority, Chief Justice John Roberts argued the virtually endless amount of personal information contained on the average smartphone should be granted far greater Fourth Amendment protections against unreasonable search and seizure than a police officer simply rifling through a suspect’s pockets to make sure they’re not hiding a gun in their jacket pocket.

“Modern cellphones are not just another technological convenience,” Roberts wrote. “With all they contain and all they may reveal, they hold for many Americans ‘the privacies of life.’ The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought.”

While the decision was hailed as a major milestone by electronic privacy advocates, in reality, the victory was only partial. Police officers who want to skim through someone’s text messages or browse their Tinder matches to ferret out illegal activity may have to first justify their need to do so to a judge. Border patrol agents, on the other hand, have to do no such thing.

For the millions of people, U.S. citizens and non-citizens alike, who cross into the United States each year, there are very few limitations for Customs and Border Protection (CBP) when it comes to the agency’s ability to search those travelers’ electronic devices.

Based on CBP documents obtained by the American Civil Liberties Union through a Freedom of Information Act-related lawsuit, between October of 2008 and June of 2010, over 6,500 people crossing a U.S. border had their electronic devices searched. Almost half were American citizens.

Anecdotally, instances of CBP agents searching the cell phones and computers of people crossing the border abound.

When On The Media producer Sarah Abdurrahman and her family were detained after coming back into the United States after a wedding in Canada, their smartphones were searched. In an interview with Forbes, Canadian actor Chad Rook recounted how customs spent nine hours going through his email, call logs, and both his Twitter and Facebook accounts on the suspicion that he was headed into the country to look for work illegally.

“The legal principle at hand here is that a warrantless search of someone coming into the country at the border is reasonable by virtue of the fact that the United States, as a sovereign country, has the right to police and control what comes in and out of its borders,” explained Hanni Fakhoury, an attorney with the Electronic Frontier Foundation (EFF) who has spent years following the border search issue.

As a result, a warrant isn’t required in order for a CBP agent to conduct a search at the border—the Supreme Court affirmed as much in the 1997 Ramsey v. United States decision, when it ruled such searches permissible ‟pursuant to the longstanding right of the sovereign to protect itself by stopping and examining persons and property crossing into this country.”

...

Source: http://www.dailydot.com/politics/supreme-court-phone-warrant-us-border/
 
I fully expect my laptop/phoned will be searched when entering the USA, that's why I leave my collection of a few thousand LSD blotter pictures on a removable drive at home. I am even a little nervous about bringing a bunch of pirated movie/music files with me. I watch those border patrol shows and the Canadian one if you don't give them your password they hold the device until they can hack into it. In Canada it's the law that they have the right to access your electronic data when you enter the country. And they catch all sorts of people lying about why they came once they get their phones it seems like a very common tactic for them. I leave my phone at home anyway the roaming charges are crazy.
And just to play the devil's advocated what about guys they suspect of child sex tourism? Checking their vacation pictures when they come back maybe is not such a bad idea. I don't have anything to hide so go ahead and look at my laptop, I don't talk about drugs on it or social media. I am not going to the states looking for work. The only thing I am lying about is how much legal weed I plan to smoke in Seattle. If I had my way the USA/Canada border would be open with no border pigs like the EU borders but that's another thread.
 
I leave my collection of a few thousand LSD blotter pictures on a removable drive at home
(...)
I don't have anything to hide so go ahead and look at my laptop, I don't talk about drugs on it or social media.

You don't have anything to hide because you leave certain things at home!

I think that searching someone's computer or phone without a warrant is invasion of privacy.
So I think it is unfair that they are allowed to do it one the border.
While I have no sympathy for child sex tourists, I also am not willing to give up my rights in order to catch them. If they are following someone who they suspect of child sex tourism, by all means, please search their phone and arrest them. But don't search everyone in hopes of catching one.

(And I agree with you about Canada / US border! I think that porous borders make for great, international countries!)
 
Top