this post was submitted on 27 Jul 2024
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Coming from a district court, I think this ruling could be appealed, but it's welcome news nevertheless.

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[–] xmunk@sh.itjust.works 96 points 1 year ago* (last edited 1 year ago) (1 children)

It's still an excellent idea to power off your phone whenever you are in the vicinity of a border guard and never voluntarily unlock it anywhere close to the border. You can't (generally) be compelled to unlock your phone but you absolutely can have an unlocked phone grabbed out of your hands by a border guard with no legal right to lock it.

[–] leds@feddit.dk 51 points 1 year ago (3 children)

never voluntarily unlock it anywhere close to the border.

Isn't that defined as 100 mile from the border (including international airports)

[–] doingthestuff@lemmy.world 29 points 1 year ago (1 children)

I believe it's 100 miles from the border including coastlines but does not include a 100 mile radius around international airports. I don't remember the source but Ive seen a map that represented it that way.

Also worth noting, this ruling only benefits citizens in that specific district, as other districts aren't bound by its rulings. Personally I'd recommend having a 2nd device you can use to record your interactions because if they violate your rights your chances of getting their body cam video of it aren't great.

[–] skeezix@lemmy.world 13 points 1 year ago (2 children)

What if you’re 99 miles and 5279 feet from the border while being questioned? Can you take one more step and be safe?

And are those statute miles or nautical miles?

[–] ShepherdPie@midwest.social 8 points 1 year ago (1 children)

They'll probably claim "hot pursuit" as a justification for arresting you.

[–] aodhsishaj@lemmy.world 2 points 1 year ago (1 children)

Evading arrest is likely the charge, however I'm being pedantic.

[–] ShepherdPie@midwest.social 2 points 1 year ago (1 children)

Sorry I meant hot pursuit would probably be the justification for why they'd be allowed to chase you outside their jurisdiction

[–] aodhsishaj@lemmy.world 1 points 1 year ago

Sure, like I said I was being pedantic.

[–] PM_Your_Nudes_Please@lemmy.world 2 points 1 year ago (1 children)

It would depend on where they initiated contact. For instance, let’s say a cop from City A pulls someone over on the boundary with City B. Even if you pull over on City B’s side, it’s still a valid stop because they initiated it (turned their lights on) while still within their own legal jurisdiction. Even though you’re outside of their jurisdiction at the moment, what matters is that they first initiated contact when it was legal to do so.

[–] skeezix@lemmy.world 2 points 1 year ago

Not according to Dukes of Hazzard logic.

[–] sparky@lemmy.federate.cc 19 points 1 year ago* (last edited 1 year ago) (1 children)

100 miles from the border or coastline is like 90% of the population of the country. And I assume that’s a feature, not a bug.

[–] frezik@midwest.social 9 points 1 year ago (1 children)

To add, the Great Lakes count as coastline because you can navigate to an international boarder from any of them. That's how you cover the vast majority of the US population with this loophole.

[–] Corkyskog@sh.itjust.works 2 points 1 year ago (1 children)

Not because nearly every major population center is next to a coast?

[–] frezik@midwest.social 3 points 1 year ago

You get a lot of the population by that alone. You get 90% by including the Great Lakes.

[–] FlyingSquid@lemmy.world 6 points 1 year ago (1 children)

So I should be glad I'm in Indiana for once?

I'll take it.

[–] catloaf@lemm.ee 11 points 1 year ago (1 children)
[–] FlyingSquid@lemmy.world 11 points 1 year ago (1 children)

I’m not in that quarter thankfully. Look, let me take my wins when I can. I’m in Indiana.

[–] SayJess@lemmy.blahaj.zone 12 points 1 year ago (1 children)

I’m in Indiana.

Hey, at least you’re not in Ohio.

[–] doingthestuff@lemmy.world 5 points 1 year ago

I'd rather be in Ohio than Indiana. They're both terrible but in slightly different ways. I always cringe a little when I go into Indiana but I have been to some great concerts around Indianapolis.

[–] MediaSensationalism@lemmy.world 53 points 1 year ago (2 children)

They tried to search my laptop when they went through my car at the border, and were greeted with an encrypted boot screen. They tried to interrogate me twice. Glad to know nobody else will have to deal with that now.

"So, you're a tech guy, huh? I bet you're smart." 😐 ...

"Are you into politics? Who'd you vote for?" 🫤 ...

"I'm just trying to have a friendly conversation with you." 🤐 ...

[–] turmacar@lemmy.world 7 points 1 year ago

I mean every work laptop is (/should be) encrypted. It's about as suspicious as having 2 factor authentication.

[–] jlh@lemmy.jlh.name 35 points 1 year ago (1 children)

This is huge! Finally this loophole around the 4th amendment is getting fixed.

[–] APassenger@lemmy.world 1 points 1 year ago

Now if only assets could stop committing all those crimes.

[–] TheBigBrother@lemmy.world 20 points 1 year ago* (last edited 1 year ago) (2 children)

Who cares I'm not going to that shit hole anyway..

[–] wreckedcarzz@lemmy.world 32 points 1 year ago (3 children)

Hey, parts of the US are decent

[–] MuAraeOracle@real.lemmy.fan 13 points 1 year ago

Definitely, I just like visiting countries that treat their tourists nice.

It's also a hassle to get a new phone for the trip.

[–] xmunk@sh.itjust.works 8 points 1 year ago (1 children)

Yea, Vermont is basically an honorary part of Quebec!

[–] jonne 11 points 1 year ago (1 children)

But you could just go to Quebec and not worry about dealing with the US federal government searching your phone because you're within 100 miles from a border.

[–] Metz@lemmy.world 21 points 1 year ago* (last edited 1 year ago)

Not so fun fact: Canadas border is not better (maybe even worse?): https://www.cbsa-asfc.gc.ca/travel-voyage/edd-ean-eng.html

just like your luggage, our officers can examine your cell phones, tablets, laptops and any other digital device you are carrying

if the device is password-protected, which will be written down on a piece of paper. You are obligated to provide your password when asked.

Failure to grant access to your personal digital device may result in the detention of that device under section 101 of the Customs Act, or seizure of the device under subsection 140

[–] corsicanguppy@lemmy.ca 4 points 1 year ago

We miss the decent people, but we fear the 1% confluence of poor armed belligerent gqp, as those people are a huge risk.

[–] Eggyhead@lemmings.world 7 points 1 year ago

The news only likes to talk about the shittiest parts.

[–] jimmydoreisalefty@lemmy.world 4 points 1 year ago (1 children)

Well, if our government can stop Americans from going to other countries to discuss peace talks.

They can also force you and anyone else to hand over your electronics. With multiple men that are armed in the airport, there is nothing you can do until they allow you to get a lawyer, and then that will also not help to keep your rights after the fact. 

[–] jlh@lemmy.jlh.name 27 points 1 year ago

Sure, but we shouldn't normalize searching through phones without a warrant, especially for journalists.

It's great that the courts are standing up against CBP here.