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peezd 6 hours ago

It's been somewhat established that having a wiped or basic phone is in itself sus and reason for them to investigate you further.

iamnothere 6 hours ago | parent | next [-]

They can investigate all they want, they can even detain you briefly, but if you are a citizen and there’s no evidence of a crime then they have to let you in.

matheusmoreira 2 hours ago | parent | next [-]

And if you're not a citizen?

iamnothere an hour ago | parent [-]

Then this does not apply. Best to consult a lawyer

CamperBob2 5 hours ago | parent | prev [-]

They have more guns than you do, and these days, most of the judges are blindly and shamelessly on their side. They don't "have" to do jack.

iamnothere 5 hours ago | parent [-]

You’re fearmongering. Despite what some may say, it’s not Nazi Germany. Rule of law still has sway.

Find me caselaw where a “basic” phone was used as valid evidence. Or where the phone was already empty when someone began to approach the border.

CamperBob2 2 hours ago | parent | next [-]

Rule of law still has sway.

Get back to me once the Good and Pretti homicides in Minneapolis have been prosecuted.

tokai 5 hours ago | parent | prev | next [-]

Rule of Law was very strong in Nazi Germany. Everything that regime did was legal in Germany at the time.

tombert 4 hours ago | parent | prev [-]

I mean they'll shoot protesters execution-style and retroactively declare that person a terrorist before they've even done any investigations.

It's not Nazi Germany, but this administration has certainly demonstrated that they're not above inventing reasons to justify their actions later.

otterley 5 hours ago | parent | prev | next [-]

Do you have any references to this?

knownandunknown 4 hours ago | parent [-]

https://news.ycombinator.com/item?id=49386895

otterley 4 hours ago | parent [-]

That doesn't support the proposition that carrying a new or previously-cleaned phone across the border is cause for suspicion. In that case, the defendant wiped the phone after he was encountered by CBP.

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

What are they going to do if you’re not carrying anything illegal and you’re a citizen? You cannot be refused entry to the US as a citizen and they can’t charge you or hold you without evidence. You don’t have to tell them why your phone is wiped, just stay silent until you’re released.

puppycodes 6 hours ago | parent | prev [-]

Have not heard this, whats your source? I don't see how they could determine that because "its a new phone" is hard to dispute.

best case scenario is that a higher court overturns this but not holding my breath.