151–160 of 1001 posts
Yet another case that will waste the court's time and money. All this is doing is keeping defense lawyers pocket's lined. At this point, people should buy a burner phone when going to/from the US. In that phone only have a couple of phone numbers and that's it.
What I don't understand is if he just didn't give any password, he would have been fine. It's only because he gave him a duress pin that he's in trouble. So, in both cases the government wouldn't have access to the contents of the phone
Y'know, makes me wonder why Democrates didn't disband ICE and CBP when they had control over the Congress and the government. I mean, they knew those agencies would be used in precisely this way, yet did nothing anyhow.
According to the article, he was actually using GrapheneOS and gave the border official the Duress PIN. So I guess technically it was the official that erased the data :-)
Interesting. So is this GrapheneOS indeed operationally good for keeping one‘s data private?
What about none citizens? Customs kicks you out or throws you into a camp first. E: but seriously, what happens to non citizens. What happens if you bring a burner/wiped phone? I assume digit forensics can confirm it was pre wiped but what's topping them from alleged you wiped on US soil.
That famous phrase from the constitution, "all men are created equal, except the ones not born in America"
What I don't understand is if he just didn't give any password, he would have been fine. It's only because he gave him a duress pin that he's in trouble. So, in both cases the government wouldn't have access to the contents of the phone
Earlier quoted context omitted.
>Amendment 4: He was charged for destroying evidence, not refusing a search >Amendment 5: Destroying evidence isn't testimony. Moreover he would have been in the clear if he just kept his mouth shut.
Problem is, he didn't destroy shit. "He" (by which I mean, technically the agents) deleted a header that's used to encrypt data but can restored from a backup.
Why American authorities are always attacking their citizens freedom?
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Earlier quoted context omitted.
There is no such exception allowed in the Constitution. And if a case is made that they're not legally in the US yet, then by the same logic, they should not be subject to all the same laws of the US yet.
The Supreme Court has long recognized a border-search exception to the Fourth Amendment’s warrant requirement. In United States v. Flores-Montano, the Court looked to the nation’s sovereign “interest in protecting . . . its territorial integrity” to justify such searches.3 In United States v. Montoya de Hernandez, the Court stated, somewhat more narrowly, that Congress is the source of the executive’s power. It expla…
The only reasons allowed for border searches are ensuring that individuals are legally admitted (inapplicable here because citizens are always legally entitled to enter) and preventing contraband from entering.
A wiped phone can't contain contraband, so wiping the phone serves the same purpose as a search. It's not destroying evidence anymore than throwing away a water bottle before going through TSA is destroying evidence.
According to the article, he was actually using GrapheneOS and gave the border official the Duress PIN. So I guess technically it was the official that erased the data :-)
I wonder whether it'd be better for a duress PIN to delete existing data and also create a semi plausible artificial profile to hide the deletion event.