11–20 of 152 posts
Although it is difficult to do so, maintaining your calm when faced by intimidation by government agents generally works out. Andreas did exactly the right thing - followed his gut calmly then, filed a case in the courts later.
When did he file a case? It's not mentioned in the blog.
Earlier quoted context omitted.
When did he file a case? It's not mentioned in the blog.
> It is in that spirit that I have filed a civil rights complaint with the help of the ACLU against CBP for unlawfully detaining me and violating my constitutional rights.
It's horrible but the case-law seems fairly well settled; various courts have ruled that lots of searches that would otherwise violate the 4th Amendment are totally permissible for CBP agents within 100 miles of the border and at customs checkpoints within international airports. I'd love to be surprised if there is a legitimate case here.
It's horrible but the case-law seems fairly well settled; various courts have ruled that lots of searches that would otherwise violate the 4th Amendment are totally permissible for CBP agents within 100 miles of the border and at customs checkpoints within international airports. I'd love to be surprised if there is a legitimate case here.
Is this something we need to petition congress to fix? Do CBP agents have the right to search the electronic devices of US citizens without a search warrant or not?
> Is this something we need to petition congress to fix? Do CBP agents have the right to search the electronic devices of US citizens without a search warrant or not? IIRC, if you're a citizen, they have the power to seize your devices (and anything else you have, for that matter) and temporarily delay/detain you, but not to force you to unlock anything. They can't deny you entry. If you're not a citizen, then they c…
If it was a legitimate search with real public security purpose, there is no excuse for letting him go without completing the search.
If it was not a legitimate search with real public purpose, there is no excuse for the threats or retaliation.
Irrespective of the legitimacy of the search, the behavior here is unjustifiable.
It's horrible but the case-law seems fairly well settled; various courts have ruled that lots of searches that would otherwise violate the 4th Amendment are totally permissible for CBP agents within 100 miles of the border and at customs checkpoints within international airports. I'd love to be surprised if there is a legitimate case here.
A constitutional right that by basic geography does not apply to ~80 % of the population seems rather moronic.
Earlier quoted context omitted.
> Is this something we need to petition congress to fix? Do CBP agents have the right to search the electronic devices of US citizens without a search warrant or not? IIRC, if you're a citizen, they have the power to seize your devices (and anything else you have, for that matter) and temporarily delay/detain you, but not to force you to unlock anything. They can't deny you entry. If you're not a citizen, then they c…
Indeed, they can not "force" you to unlock the device, however they can deny you entry to the country unless you open the device (although it seems this has not been thoroughly tested in the courts).
I think that's only true for noncitizens, they're required to let citizens in. Sorry, I think I was in the middle of updating my post as you replied.