I don't get the legal contradiction.
The search is supposed to be lawful without a warrant because you're not really in the US yet per-se, hence if you're not there, how deleting the data can be a felony?
I don't get the legal contradiction.
The search is supposed to be lawful without a warrant because you're not really in the US yet per-se, hence if you're not there, how deleting the data can be a felony?
I think you legally are in the US while at an American border crossing - at least if the crossing is on US land, which it was in this case. It might be more complicated for preclearance spots. It's just that normal rights are suspended there despite being in the US, even for citizens. Make of that what you will.
Your rights are not suspended, but border agents don’t need a reason to investigate you
And if you are a citizen, they can’t deny you entry. They can make it take a while, but you will be admitted.
...and then they start violating all your rights after starting the investigation lol. its just wordplay.
The Constitution makes no exemption for a suspension of rights at the border.
The Supreme court disagrees with you.
The supreme court is made of fallible humans
Have you read https://yalelawjournal.org/forum/customs-immigration-and-rig... ? Quoting from its abstract:
> While the Supreme Court has long recognized a border-search exception to the Fourth Amendment’s warrant requirement, it applies to only two interests: promoting the duty regime and preventing contraband from entering the country; and ensuring that individuals are legally admitted. The government’s recent use of the exception goes substantially beyond these matters.
None of these two interests apply to his targeted search. No duty applies here. By definition, no contraband can exist on an erased phone.
The Supreme Court often disagrees with itself.
The alleged crime is knowingly interfering with a lawful search (by providing a duress password that deleted the phone). Location has nothing to do with it.
The location is the crux of the "lawful" part of the search.
Are you a lawyer? I’m not, but the Legal Eagle video linked elsewhere in this thread says that the reasons for the search are the crux of the “lawful” part, not the location.
(The location was at the port of entry—the border—which is pretty much the definition of the CBP’s jurisdiction.)
That is a most interesting and underrated point.
It's a fairly shallow point that ignores how laws work.
The premise that the law doesn't apply because you're not in the country is false. The constitution applies generally everywhere to all Americans, it's just that what's regarded as reasonable differs during a border search. IANAL, so just my lay opinion on this. Just to validate this, it's only because the constitution exists that the border authorities have any legal basis in doing inspections.
Huh, that is inconsistent. The problem with your comment is noted right here: https://news.ycombinator.com/item?id=49390318
Not really - the government have stated that he's in the US. It's the first sentence of the indictment. [1]
> On or about January 24, 2025, in the Northern District of Georgia...
[1]: https://storage.courtlistener.com/recap/gov.uscourts.gand.35...
But in general, the thing to note here is that the 4th amendment is always applicable and in force. It's how it's interpreted that changes depending on the circumstance.
It doesn’t matter where he was when he deleted the data. He could be in China, it’s still a crime in the us to destroy evidence wanted by American authorities.
You're speaking nonsense since there was no charge or warrant against him. People are free to use their phone for f sake.
Evidence exists independent of a charge or warrant. The instant they asked for access to the phone, it became evidence. If he had entered the duress code himself before walking up to the agent, he'd be fine. Nerds thinking that technicalities is how the law works is why he's in hot water.
Law enforcement doesn’t need a warrant to search phones at the border. I agree this is a terrible rule but it is the rule right now.
Have you read https://yalelawjournal.org/forum/customs-immigration-and-rig... ? Quoting from its abstract:
> While the Supreme Court has long recognized a border-search exception to the Fourth Amendment’s warrant requirement, it applies to only two interests: promoting the duty regime and preventing contraband from entering the country; and ensuring that individuals are legally admitted. The government’s recent use of the exception goes substantially beyond these matters.
None of these two interests apply to his targeted search. No duty applies here. By definition, no contraband can exist on an erased phone
Is that the 100 mile wide border?
You have lost track of the chain of discussion.
right, there's a contradiction here:
- if you're deemed to be on US soil, constitutional protections (4A) apply; can't be destroying "evidence" unless you're accused of a crime or found to have committed a crime
- if you're deemed _not_ yet on US soil, then how can you be charged with a crime under _US_ law?
The US views that US law applies worldwide. There is no requirement that you be anywhere near the US to be under US jurisdiction for an alleged offense against the US, according to the US.
Also, that constitutional protections are suspended within 100 miles of a land, sea, or air border.
Not sure why you're getting downvoted, since your statement is true:
https://www.congress.gov/crs-product/RS22497
Although obviously not all US laws apply and enforcement is a whole other kettle of fish.
where's that in the Constitution?
4A still doesn't permit you to destroy the evidence. Resist on 4A grounds, destroy the evidence, 4A reasons get overturned - you've got yourself a conviction. US v. Akram Musleh.
in practice you're right, but it's hard to see how that squares with the 4A.
an officer can't stop me on the street and demand to see the contents of my phone -- unless they can show "probable cause" that I was about to commit a crime (based on other evidence), or I'm already named as a suspect or POI in an investigation. So if they ask to see the contents of my phone and I delete it instead (it's a very small bag in this example, Lol) am I obstructing an investigation?
> am I obstructing an investigation
If the investigation was legit, then yes. You should just say no. If you give the phone over to them or delete data on it after they ask to see it, you are destroying evidence. Does not matter whether you are the target of the investigation or not, they think you have evidence, you deleted it.
Just say no to the police and then keep your trap shut. This is especially true for federal agents.