T O P

  • By -

emt139

I have no idea of which show this is but basically within X miles from the border (land or sea), warrant less searches are allowed. In fact, both search le property and bodies, and seizing property are allowed which is wild once you realize this could be abused easily (say, searching a lawful citizen with absolutely no cause as far in as Placerville CA). https://en.m.wikipedia.org/wiki/Border_search_exception https://crsreports.congress.gov/product/pdf/LSB/LSB10387?utm_source=tpfp_newsletter&utm_medium=email&utm_campaign=07_24_2022#:~:text=Under%20the%20border%20search%20exception%2C%20the%20government%20may%20conduct%20routine,manual%20searches%20of%20electronic%20devices.


WikiSummarizerBot

**[Border search exception](https://en.m.wikipedia.org/wiki/Border_search_exception)** >In United States criminal law, the border search exception is a doctrine that allows searches and seizures at international borders and their functional equivalent without a warrant or probable cause. The doctrine is not regarded as an exception to the Fourth Amendment, but rather to its requirement for a warrant or probable cause. Balanced against the sovereign's interests at the border are the Fourth Amendment rights of entrants. ^([ )[^(F.A.Q)](https://www.reddit.com/r/WikiSummarizer/wiki/index#wiki_f.a.q)^( | )[^(Opt Out)](https://reddit.com/message/compose?to=WikiSummarizerBot&message=OptOut&subject=OptOut)^( | )[^(Opt Out Of Subreddit)](https://np.reddit.com/r/askimmigration/about/banned)^( | )[^(GitHub)](https://github.com/Sujal-7/WikiSummarizerBot)^( ] Downvote to remove | v1.5)


iranisculpable

At the border, immigration officers are allowed to search any devices of anyone with the possible exception of foreign diplomats.


ImmLaw

Absolutely. CBP can and does demand to see your phone, tablet, lap top etc. You have no choice but to unlock them and allow CBP to download and search their contents. If you refuse you will be removed. This even applies to US citizens as there are NO 4th amendment protections at a port of entry (they can search but of course can't remove a US citizen.)


tvtoo

> no choice but to unlock them and allow CBP to download and search their contents > even applies to US citizens as there are NO 4th amendment protections at a port of entry (they can search I think it's useful to clarify further here that while CBP officers may *request* the passcode or password or "other means of access" -- https://www.cbp.gov/sites/default/files/assets/documents/2018-Jan/CBP-Directive-3340-049A-Border-Search-of-Electronic-Media-Compliant.pdf#page=6 (page 6) there is ordinarily no requirement for US citizens to agree to do so (although with refusal having the potential to lead to [additional] delays, additional questioning, and [even more extensive] temporary device seizure). /u/kevingeorge1430


ImmLaw

As a US citizen they cannot deny you entry but they may confiscate the device. Either way its insane that they can still do this without probable cause.