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.

  • okwhateverdude@lemmy.world
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    1 hour ago

    Evidence of what? What crime was allegedly committed?

    Difficult to prove it was a duress password. It could have been some other software fault. Or maybe the phone had nothing on it to begin with. Who is to say 🤷? The feature merely existing isn’t going to get past mens rea. The behavior and the contents of the phone cannot be inferred.

    It should be noted that CBP’s goal is supposed to keep shit out. If the data is wiped and it might have had illicit content, mission accomplished? If I brought some diarrhea lettuce to the border and dumped it in plain sight right before inspection, would I have committed a crime?