• Th3D3k0y@lemmy.world
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    5 days ago

    Pretty sure you have to be under arrest for them to be allowed to conduct a search off your person, and have a warrant for them to search the phone.

    • argueswithidiots@lemmy.world
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      5 days ago

      The 4th amendment is largely suspended at international border crossings. It’s a travesty. This has been steadily built in supreme court rulings since 1925, but a 1977 ruling says the searches are inherently reasonable because they occur at the border. No probable cause or warrant is required.

      If you really want to be depressed, Google “4th amendment free zones” which essentially means this doctrine applies within 100 air miles of an international border crossing.

      • Th3D3k0y@lemmy.world
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        5 days ago

        Which of course is almost nearly everywhere in the United States at this point since I think most states have an international airport

        • huey_m@piefed.social
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          5 days ago

          Was fairly certain the above only applies to land/sea borders for this reason.

          Airports themselves count, but not a ~100mi radius. I think.

        • eldavi@lemmy.ml
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          5 days ago

          yes and they’ve extended the boundrie sof these borders to such an extent that 2/3rds of americans are located inside them; effectively meaning that 67% of americans have no such constitutional rights.

    • nymnympseudonym@piefed.social
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      5 days ago

      Article says he asked for a lawyer 4 times, got none.

      Also I’d love to get the audio/video feed of the interaction. I imagine bullet-head cop holding the phone and demanding “the passcode”

      “Passcode for you is 3475417, pig”

      • SaveTheTuaHawk@lemmy.ca
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        5 days ago

        Article says he asked for a lawyer 4 times, got none.

        Dude, learn about the laws of a Fascist country before you try and enter. Border agents do not have to let you access a lawyer, you actually have no legal rights, even as a US citizen.

        No General Right: Travelers at a U.S. port of entry or border checkpoint do not have a constitutional right to have an attorney present or provided during routine questioning or administrative processing.

        You want to act like a tough guy, enjoy your hourly cavity searches.

    • SaveTheTuaHawk@lemmy.ca
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      5 days ago

      No General Right: Travelers at a U.S. port of entry or border checkpoint do not have a constitutional right to have an attorney present or provided during routine questioning or administrative processing