• lightnsfw@reddthat.com
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    3 months ago

    This is fucking stupid. If I delete something on my phone while I’m on vacation am I going to prison because the border patrol might have wanted to look at it?

        • FreeBooteR69@lemmy.ca
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          3 months ago

          It’s like pulling yourself up by the bootstraps. So obvious. Just because it is impossible to do is no excuse.

    • kaotic@lemmy.world
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      3 months ago

      It’s bullshit but with the current laws. Back up your phone before you head home wipe it before going through border control, and restore your backup when you get home.

    • Regrettable_incident@lemmy.world
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      3 months ago

      Nah, they just lube up the rubber gloves and fist you, checking in case there’s a micro SD stashed up there. You should still make your flight if you relax.

    • AA5B@lemmy.world
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      3 months ago

      We don’t need hyperbole here …. If authorities have a legal reason to search and you interfere with that, destruction of evidence is a crime. Delete all you want …. Right up until authorities claim the legal reason to search. Usually that takes a warrant: investigators must convince a judge there is a good reason

      This also includes “when entering the country”. It always has. There’s nothing new here. There are so many things the current administration does to violate rights and due process, but this isn’t one of them.

      The slippery slope here is “or within 100 miles”, but that wasn’t a factor here either

      • stopdropandprole@lemmy.world
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        3 months ago

        as far as I understand, they were not there to serve a warrant. he was crossing a border and the feds are claiming that the 4th amendment doesn’t apply because he hadn’t yet crossed into America.

        border patrol was essentially using a loophole to preemptively collect potential evidence (they’ll figure out what to charge him with after they see his phone contents). he’s a political activist against a cop city, they were obviously trying to do him dirty.

        they were not serving a search warrant. they were abusing what should be an illegal search at the border in order to silence those who speak out against govt overreach.

          • frongt@lemmy.zip
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            3 months ago

            The US claims jurisdiction over its citizens wherever they are.

            Which isn’t necessarily a bad thing, because it means you can be prosecuted in the US for stuff like going to Thailand and sexually abusing children there.

            • masterofn001@lemmy.ca
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              3 months ago

              So the law applies, but protection under the law does not.

              Isn’t all law essentially derived from powers granted by the constitution?

              If the powers granted by it to enforce a law are applicable when not within the US then then it very reasonably ought to apply to any and all amendments.

              But, reason is on the extinction list with the magafascists. (And all LEO)

          • AA5B@lemmy.world
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            3 months ago

            Are we reading the same article?

            The incident took place at Atlanta’s Hartsfield-Jackson airport in January 2025

        • FauxLiving@lemmy.world
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          3 months ago

          In addition, the law that he’s charged with relates to knowingly destroying property that the police have a warrant to sieze.

          There is no precedent of it being applied to border searches where they may not even have reasonable suspicion of a crime and can stop people for questioning on a whim.

          The State has absolutely no claim over your personal property at that point and destroying property that the police hope and dream of siezing isn’t the same as destroying property where they’ve demonstrated probable cause to a judge.

          This argument from the border patrol that you can be arrested for destroying data that is in your possession without ever been given due process and 4th amendment protections isn’t supported by precedence.

          • Hacksaw@lemmy.ca
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            3 months ago

            These fucking conservatives crawl out of the woodwork like cockroaches anytime the government does something heinous and use their piss poor understanding of EVERYTHING to try to justify the heinous actions. It happens every time, and I wish just once to see one of them use real and relevant facts, just so I can pretend that these people live in reality for just one second.

            Hasn’t happened yet though.

        • AA5B@lemmy.world
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          3 months ago

          So the important takeaway is to delete your phone before customs. Presumably you have an encrypted backup you can restore without too much effort

        • lostoncalantha@lemmy.world
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          3 months ago

          Finally a sensible reply. Quite a few NAZI bootlickers here. They’re the first the sign up it seems.

      • lightnsfw@reddthat.com
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        3 months ago

        This also includes “when entering the country”. It always has. There’s nothing new here. There are so many things the current administration does to violate rights and due process, but this isn’t one of them.

        Have to disagree with that one. Simply entering a country is not justification for searching someones phone. I don’t care what the law says. People have a right to privacy.