Has anyone, ever, been asked to submit his phone to be searched?

In any country?

Never happened to me, despite traveling all over the world!

Apparently they are doing it at American airports.

Warrant less and illegal!

quote:

Originally posted by Saeed:
Has anyone, ever, been asked to submit his phone to be searched?

In any country?

Never happened to me, despite traveling all over the world!

Apparently they are doing it at American airports.

Warrant less and illegal!

In the event it might happen just make sure that there's nothing on it that would attract attention.

Not to me, they'd be bored but as it was explained to me, as a potential incomer to the US that protection doesn't apply to you.

We're on the airplane in Anchorage, having left Dillingham and enroute to Seattle now. We're TSA Pre Check and they made me take off my Birkenstocks in Dillingham. Other than that nobody has even thought about bothering us.

for those that might have a surprise one, the immigrations officers in canada called cbsa has been authorized to do so for a while now ... so not only in usa on that one.

On Europe laptops have to be charged so that, if required, they can be turned on. This is however about pornography as such but about making sure the laptop is not in fact a concealed explosive device.

quote:

Originally posted by Scott King:
We're on the airplane in Anchorage, having left Dillingham and enroute to Seattle now. We're TSA Pre Check and they made me take off my Birkenstocks in Dillingham. Other than that nobody has even thought about bothering us.

Birkenstocks always look suspicious.

quote:

Originally posted by Saeed:
Has anyone, ever, been asked to submit his phone to be searched?

In any country?

Never happened to me, despite traveling all over the world!

Apparently they are doing it at American airports.

Warrant less and illegal!

What do you mean "searched"? They're looking at text messages, emails, call history?

Or, just checking it to see that it turns on?

The Supreme Court would call that a violation of the 4th Amendment. If the search is supported by nothing more than ethic stereotyping. It would be a bad day for the government. That makes these ICE raids all the more interesting as that has not been part of any challenge yet. Same rules apply seizure as search.

They done have.

MM we got to keep those critical of the Regime out of the U.S.

The government wo more cannot force you to give up your phone just because they ask. You can refuse if they do ask.

Riley v. California is the case. However, it presented a possible exception, but did not define the scope of the exception. The exception being boarders.


However, there is a split growing in our Circuits on whether a very narrow exception applying to boarders exists.

That “exception” only permits a search to the extent to see if the phone contains physical contraband.

Here is the case.

https://www.documentcloud.org/...23813619-us-v-smith/

May 11, Judge Jed Rakoff in the U.S. District Court for the Southern District of New York concluded otherwise, asserting that the aforementioned circuit courts have understated the Riley holding and overstated the border exception. Specifically, he held that, for searches of cell phones at the border, agents first need to obtain a warrant (Rakoff ultimately held the evidence on Smith’s phone admissible, because the agents subsequently obtained a warrant after the warrantless search). Rakoff’s holding, which notes an exception to the warrant rule for exigent circumstances and does not address whether the warrant rule extends to nonresidents or noncitizens, throws into relief a complex circuit split on the proper meaning of the Fourth Amendment’s border exception with respect to cell phones.

Congress proposed a bill back in 2019 to allow this exception, but require a warrant bf searching US citizens’ phones. It did not pass.

There are other exceptions to the warrant requirement that may apply to make the search of phone wi a warrant constitutional. These are very specific and fact dependent. It is easier to tell you what does not meet these exceptions vs what does. Like, I think this 3rd gen American living in Detroit is dangerous does not meet.

The range of views among the circuits and district courts on the Fourth Amendment’s meaning with respect to cell phones at the border is notable: While some circuits have applied the border exception whole-cloth to cell phones, several district courts, including the District of Columbia, have disagreed and required that agents have at least a reasonable, individualized suspicion before conducting a forensic cell phone search. But none has required a warrant as in Smith, a holding that could have notable implications for border agents, who routinely conduct warrantless searches of cell phones on tips from law enforcement. (Consider, for example, the May 2023 Eighth Circuit decision in U.S. v. Haitao Xiang, where border agents at Chicago’s O’Hare airport used information from local FBI agents as a basis for searching the cell phone of Xiang, a Chinese national suspected of stealing and attempting to export secrets from Monsanto, a U.S. agrochemical corporation, in violation of the Espionage Act.)

Controversy around border searches of cell phones is not new. The Eleventh Circuit opinion from 2028 in United States v. Touset, in which Judge Jill Pryor concluded that neither reasonable suspicion, nor a warrant, was required to justify a forensic search of an individual’s cell phone at the border.

At least four notable opinions on the question—including from the First, Fourth, Eighth, and Ninth Circuits—have complicated the picture. Two questions are at the crux of the split. First is a dispute over whether reasonable suspicion is needed to justify a forensic search of an electronic device. The second concerns the permissible scope of a warrantless border search, a question on which the circuits are all over the map. Whereas the Ninth Circuit would limit warrantless searches to digital contraband, or data that is itself illegal to possess, the First Circuit would allow warrantless searches to extend to evidence of contraband as well as “evidence of activity in violation of the laws enforced or administered by CBP or ICE [Immigration and Customs Enforcement].” The Fourth Circuit adopts a similar approach to the First Circuit, requiring searches to be limited to evidence of an ongoing border violation, but would not permit searches of generalized border crimes, such as evidence on a cell phone of a past or future border violation.

I can give a very good summary of these cases that address this issue if folks actually want to know what is going on.

quote:

Originally posted by LHeym500:
The Supreme Court would call that a violation of the 4th Amendment.

They done have.

MM we got to keep those critical of the Regime out of the U.S.

sigh ... oh, the vigor of youth, the self-righteousness of the young -

here, let the ALCU tolt it a yourn (sorry, i can't spell in podunk)
https://www.aclutx.org/en/news...ices-its-complicated

The Ignorance of stupidity.

Like I have said. You need to quit telling folks reading is hard.

Do you want to read all the cases. I’ll post them? I have done given you an outline.

quote:

Originally posted by LHeym500:
The Ignorance of stupidity.

Like I have said. You need to quit telling folks reading is hard.

Do you want to read all the cases. I’ll post them? I have done given you an outline.

LMFAO -- this post --

i guess, in some places, reading AND writing is hard--

go tell it to the ACLU, they posted it, i just shared it ...

reading is hard, being a zealot ideologue must be harder

Don't care. Bill

quote:

Originally posted by Saeed:
Has anyone, ever, been asked to submit his phone to be searched?

In any country?

Never happened to me, despite traveling all over the world!

Apparently they are doing it at American airports.

Warrant less and illegal!

Airport security, as we all know, is a little bit different. If you want to enter the secured part of an airport, you are required to submit to a search if the security folks deem one necessary. They can scan your bags, your phone, your laptop, etc. You can be required to submit to a pat-down search and to answer questions about where you're coming from and where you're going.

You have the option of refusing. But, you ain't getting on your plane if you do.