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Courts Close the Loophole Letting the Feds Search Your Phone at the Border

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Re: Courts Close the Loophole Letting the Feds Search Your Phone at the Border

#161
post #148

Earlier quoted context omitted.

You should change your license plate to ' OR 1=1; DROP TABLE licenses; --

null void I asked a friendly metermaid to "see if your plate scanner can decipher my plate" and it failed. The few paper parking citations I've had placed upon my vehicle also always seem to trace back nowhere ...

This can also backfire and you will end up with all the traffic violations of other vehicles where the license plate could not be read for some reason.

Re: Courts Close the Loophole Letting the Feds Search Your Phone at the Border

#162

Earlier quoted context omitted.

I had a cop search my car once and he “found” drug paraphernalia. I don’t do any drugs, ever in my life. I’ve seen what it does to people from a young age and I had never seen that paraphernalia ever before in my life; also, this car was brand new and I had only driven it less than two miles from the dealership. My only crime was speeding on an empty road in a brand new car, but this cop taught me they are all crooke…

I do not think one bad experience means they are all bad. This trope is perpetuated so often that even mentioning it gets massive downvotes. Popular opinion doesn't always mean they're "right". I think we all need to learn that there are different ways of interpreting things that influence people's opinions, and we should be open to the possibility that we might be "wrong" in someone else's context, myself included.…

> I do not think one bad experience means they are all bad. This trope is perpetuated so often that even mentioning it gets massive downvotes. Popular opinion doesn't always mean they're "right".

"Good" cops that stand up for bad cops are also bad. And if there are enough bad apples it doesn't matter if there are good ones as you need to assume whoever you are interacting with is gong to fuck you over.

Re: Courts Close the Loophole Letting the Feds Search Your Phone at the Border

#163
post #103

Earlier quoted context omitted.

There is no reason to assume so.

They don't mention any probable cause, reasonable suspicion or a warrant. There had to have been something like that for it to make it all the way to OP appearing in court after a strip search found nothing. Even if there wasn't, at that point they could have went to court, the media, anything, but they chose to never mention it and just shrug it off while complaining online, while people keep telling stories like th…

I admit that my prior is also that op is not telling the whole truth, but someone who is abused to having the energy to seek remediation is not all that surprising either.

Re: Courts Close the Loophole Letting the Feds Search Your Phone at the Border

#164
post #93

Earlier quoted context omitted.

Can you clarify which laws and opinions you have in mind?

Not OP of that particular statement, but in Germany you can get imprisoned for denying that holocaust has happened. However, I would question whether denying historical facts is an opinion. There seem to be fewer cases of people demanding that the holocaust should be resumed. That I would call an opinion. I assume that it would lead to prison if repeated often enough, albeit based on a different law. Still, I am more…

> However, I would question whether denying historical facts is an opinion.

Historical facs have a tendency to change based on the current political climate. Which is to say, they are always more like opinions.

Although a better example would be insulting a police officer or politician, which can include as bening things as making fun of them on twitter. Granted, this is more a concern for citizens than it is for tourists so I agree with your assessment that the US border controls are a bigger threat to you as a traveller.

Re: Courts Close the Loophole Letting the Feds Search Your Phone at the Border

#165

Earlier quoted context omitted.

Something to keep in mind.. If you're traveling to Canada or Aus, then your 4th don't count. Same with all the other amendments. And with the data sharing, there's nothing stopping Canada from sharing with the US.

True, but Canada does have its own explicitly entrenched and judicially enforceable constitutional rights document in the form of the Canadian Charter of Rights and Freedoms, which in section 8 provides protection against unreasonable search and seizure. Naturally the US and Canadian judicial systems don’t always interpret these protections to have identical boundaries, but broadly speaking they are similar.

> 8 provides protection against unreasonable search and seizure

Doesn't seem to protect you if the government doesn't like your political opinions.

Re: Courts Close the Loophole Letting the Feds Search Your Phone at the Border

#166
post #47

Earlier quoted context omitted.

There is an asymmetry in your reasoning that I don't doubt is in many court decisions due to sovereign immunity, but need not be universal. If the law is declared unconstitutional, then that law was unconstitutional the whole time. Therefore there was no legal basis for the people-who-happened-to-be-employed-by-the-government to do what they did. And I'm pretty sure the laws against false imprisonment and extortion w…

Sorry, but that's insane. You can't legitmizime criminalizing and imprisoning someone for the the crime of not having a time machine. You can legitimize the government making amends for its mistakes.

The point is to make government agents afraid from testing the borders of the law. Regular citizens don't get any breaks either if their scheme was later ruled unlawful by a court.

Re: Courts Close the Loophole Letting the Feds Search Your Phone at the Border

#167
post #22

So these criminals that have been performing the illegal searches. The next step is they'll be charged with false imprisonment, extortion, and conspiracy, right? Oh, okay then, how about at least for deprivation of civil rights under the color of law? Well then, what about monetary damages for the people whose data was copied, devices were stolen or could no longer be trusted, wasted time and missed flights, costs of…

You can't apply the law retroactively. The law, despite being unconstitutional, allowed this, so you can't go back and arrest people who weren't breaking the law at the time. What you can do is track back every arrest that resulted from one of these searches, and ask for all charges and convictions to be vacated/overturned because the evidence was collected in an unconstitutional way. I'm more interested in damage co…

Is there a law that explicitly allows these unconstitutional searches? If so then perhaps what is needed is consequences for the politicians that enact unconstitutional laws. Just letting the government fuck over people and then go "oops no hard feelings?" when found to be acting against the rules they are bound to is not a good solution.

Re: Courts Close the Loophole Letting the Feds Search Your Phone at the Border

#168

Earlier quoted context omitted.

Aaaaand with the bootloader unlocked, they'll just grab the Cellebrite and/or call up Cellebrite Professional Services for remote unlock assistance. https://cellebrite.com/en/advanced-services/ The biggest thing is to set your device up on arrival to be powered OFF. Most of Cellebrite (and other security vendors) solutions rely on the phone having been unlocked once since first poweron (or "AFU").

Even better would be to not even bring a phone in the first place, and get a temporary one after arrival. Or get a prepaid one beforehand with nothing on it, if you're confident that won't be suspicious.

Better at what? Painting yourself into a corner if something goes wrong and you don't have any local contacts that can help you?

Re: Courts Close the Loophole Letting the Feds Search Your Phone at the Border

#169

Earlier quoted context omitted.

What I find more egregious is, if this somehow sticks, non-USA citizens are still not protected from these invasive searches. This should be a human rights issue, not a local law.

Non-citizens don't have a right to cross the border.

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