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Without a warrant, CBP wasn't entitled to anything on his phone and they can go fuck themselves.
It's cute that you think there are still laws in the US.
They have to charge him with something.
Says who? How many people are being held in your country without any due process at all?
Do they though? Someone should tell all the people in literal concentration camps after receiving no due process
I have a friend in Florida. They have a guy that runs a business and does all their house repairs, fells trees, yada yada. His inlaws turned him in for being illegal (he's not) He had his paperwork with him and they still shipped him off to Alligator Alcatraz. His wife hired a lawyer and had to do all kinds of crap to get him back out... on bail... because his mother-in-law called him an illegal.
The mother in law needs to be fed to a fucking gator
Resisting arrest. Evidence tampering. Obstruction of justice. Take your pick.
That increasingly means nothing. Remember that judge who was sending kids to reform camps for kickbacks? Part of that scheme was they literally made up charges. If the system says it's a charge and you need to be punished then that's what's going to happen. Juries aren't even a thing until you get to major felonies anymore so it's just whatever the judge lets the prosecutor get away with.
If it was at a point of entry CBP can search electronic devices without a warrant or suspicion, for a brief time (up to 5 days) without probable cause, under the "border search exception".
A lot of those border exceptions need to be burnt in a fire, like that one, and the whole "you have no civil rights within 100 miles of a point of entry. btw airports count, so almost no where is free from your rights legally being abused kthnxbai"
This is truth. You are a US citizen, and your rights apply anywhere if the authority is a us citizen. What stops them from detaining you, driving you to the border and then performing illegal searches. Nothing. Just because I went on vacation doesn't mean I forfeited my constitutional rights.
They have the legal right to search a phone before it enters the US, but there is no law that says you can't wipe your phone first.
They're shipping people off to places unknown for 'no law' too.
Otherwise, simply refuse them passage rather than locking them up and charging them.
I was going to say something along the lines of being charged with anything but your statement is way better and more importantly more accurate.
I wasn’t sure if that applies to non-citizens.
Personally, I think it should, but laws aren’t always just.
Rights must apply to all persons in the US. Or else the government may assign you to the non rights group at it's discretion. As an example, you're a citizen. The government says you are not. You try to go to court to prove it, but oops you don't have that right. Your family opens a court case, but they either get ruled to not have standing or they get swiftly assigned to the non rights group as well.
Nobody has Rights until Everyone has Rights.
According to the Constitution, almost all rights apply equally to citizens and non-citizens. The term used in the Constitution is "persons," not "citizens." The Supreme Court has eroded some of those rights over time, though.
Can't read it because of a large orange shitstain across it.
It absolutely does apply to non citizens. However, this administration has been ignoring that.