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?

▲

jdlshore 21 minutes ago | parent | next [-]

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.

	▲	bengt 15 minutes ago \| parent [-]
		The location is the crux of the "lawful" part of the search.

▲

tavavex 4 hours ago | parent | prev | next [-]

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.

▲

someguydave an hour ago | parent | next [-]

Your rights are not suspended, but border agents don’t need a reason to investigate you

	▲	superxpro12 an hour ago \| parent [-]
		...and then they start violating all your rights after starting the investigation lol. its just wordplay.

▲

OutOfHere 2 hours ago | parent | prev [-]

The Constitution makes no exemption for a suspension of rights at the border.

▲

empressplay an hour ago | parent [-]

The Supreme court disagrees with you.

	▲	bena an hour ago \| parent \| next [-]
		The Supreme Court often disagrees with itself.
	▲	NDlurker 43 minutes ago \| parent \| prev [-]
		The supreme court is made of fallible humans

▲

OutOfHere 6 hours ago | parent | prev | next [-]

That is a most interesting and underrated point.

▲

joshka 4 hours ago | parent | next [-]

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.

▲

OutOfHere 2 hours ago | parent [-]

Huh, that is inconsistent. The problem with your comment is noted right here: https://news.ycombinator.com/item?id=49390318

	▲	joshka an hour ago \| parent [-]
		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.

▲

HDThoreaun 3 hours ago | parent | prev [-]

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.

▲

44 minutes ago | parent | next [-]

[deleted]

▲

OutOfHere 2 hours ago | parent | prev [-]

You're speaking nonsense since there was no charge or warrant against him. People are free to use their phone for f sake.

▲

HDThoreaun 2 hours ago | parent [-]

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.

	▲	gib444 41 minutes ago \| parent [-]
		Is that the 100 mile wide border?

▲

insane_dreamer 4 hours ago | parent | prev [-]

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?

▲

freeone3000 42 minutes ago | parent [-]

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.

	▲	decimalenough 14 minutes ago \| parent [-]
		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.