Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional
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Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional
#2"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Sounds like the Court got it right.
Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional
#3Slight correction: "suspicionless searches OF ELECTRONIC DEVICES." Suspicionless searches of all air travelers is still very legal.
Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional
#4Good. Also given there is no one running Homeland Security I wonder if it's even likely that this will be pushed to the SC.
Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional
#5OK, so what stops the TSA/DHS from saying "We suspect you are a terrorist; please unlock your phone"? Their actions have effectively said that for almost 20 years.
Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional
#6OK, so what stops the TSA/DHS from saying "We suspect you are a terrorist; please unlock your phone"? Their actions have effectively said that for almost 20 years.
> what stops the TSA/DHS from saying "We suspect you are a terrorist; please unlock your phone"?
The same thing that stops all tyranny. A vigilant and engaged citizen body.
Practically, this means donating to the ACLU and related groups. It also means, if you’re party to injustice, suing or reaching out to organisation who can help you sue to assert our rights.
Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional
#7Haven't read the opinion, but I'd anticipate that this will be reversed on appeal. My guess is that this was either an Obama or Clinton judge.
Both my Crim Pro and Con Law professors skipped border search cases and summed them up with "you have no rights at the border." That's been the common law since King Tut.
Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional
#8Kudos to the ACLU and the EFF for standing up for what is right.
Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional
#9Does this apply to the "special Constitution zone" that intrudes 100 miles inland from the US border? Doesn't matter if it's constitutional or not if you're in a no-constitution zone.
Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional
#10OK, so what stops the TSA/DHS from saying "We suspect you are a terrorist; please unlock your phone"? Their actions have effectively said that for almost 20 years.
Ask them to explain what their reasonable suspicion basis for wanting to search your phone is. Without reasonable suspicion it's, by definition, an unreasonable search.