| ▲ | someothherguyy 6 hours ago |
| you don't have those protections at the border: https://en.wikipedia.org/wiki/Border_search_exception |
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| ▲ | OutOfHere 6 hours ago | parent | next [-] |
| There is no such exception allowed in the Constitution. And if a case is made that they're not legally in the US yet, then by the same logic, they should not be subject to all the same laws of the US yet. |
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| ▲ | empressplay an hour ago | parent [-] | | The Supreme Court has long recognized a border-search exception to the Fourth Amendment’s warrant requirement. In United States v. Flores-Montano, the Court looked to the nation’s sovereign “interest in protecting . . . its territorial integrity” to justify such searches.3 In United States v. Montoya de Hernandez, the Court stated, somewhat more narrowly, that Congress is the source of the executive’s power. It explained that “[s]ince the founding of our Republic . . . [Congress has] granted the Executive plenary authority to conduct routine searches and seizures at the border, without probable cause or a warrant.” The Commerce Clause permits Congress to authorize the seizure of goods at the border. https://yalelawjournal.org/forum/customs-immigration-and-rig... | | |
| ▲ | TheCoelacanth an hour ago | parent | next [-] | | > 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 only reasons allowed for border searches are ensuring that individuals are legally admitted (inapplicable here because citizens are always legally entitled to enter) and preventing contraband from entering. A wiped phone can't contain contraband, so wiping the phone serves the same purpose as a search. It's not destroying evidence anymore than throwing away a water bottle before going through TSA is destroying evidence. | |
| ▲ | superxpro12 an hour ago | parent | prev [-] | | I see a vast gulf between searching a truck of produce driven by a non-citizen vs intercepting a citizen at the boarder with known affiliations with the opposing political party. And it's impossible to ignore that context. This is plainly wrong. And people trying to justify this plainly fascist search is sickening. |
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| ▲ | josefritzishere 6 hours ago | parent | prev [-] |
| Even Wikipedia spells out that invasive searches require "reasonable suspicion." So we return to the core question... suspicion of what? Suspicion is not a crime. https://en.wikipedia.org/wiki/Border_search_exception |
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| ▲ | 6 hours ago | parent | next [-] | | [deleted] | |
| ▲ | someothherguyy 6 hours ago | parent | prev [-] | | "The government is allowed to use scanning devices and to search personal electronics. Invasive bodily searches, however, require reasonable suspicion." is what the article says |
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