US accuses American of allegedly wiping his phone using a 'duress' password during border search | TechCrunch
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A U.S. citizen has asked a court to throw out the government's claim that he gave over a passcode to border authorities that wiped his phone's data, opening up fresh questions about a person's constitutional rights at the U.S. border.

cross-posted from: https://lemmy.world/post/49853131

Feels to me like GrapheneOS did exactly what it should, passing the US border test with flying colours!

Funny part about this lawsuit: “With a little planning ahead of time, you can always download the data you need once you get to where you’re going,”

  • Zen_Shinobi@lemmy.worldEnglish
    5·
    5 hours ago

    It depends. If the police suspect the owner has evidence of some sort on the phone, destroying it can lead to a tampering with evidence charge from the police.

    A tampering charge doesn’t have to be from a court order. If someone eats or dumps out drugs where the police can’t collect the physical drug, it will stick.

    But in the story’s case, it falls within the 100 miles of the US boarder (called a boarder search exception) a warrant, probable cause, or RAS aren’t needed here. It’s considered a reasonable search so the 4th amendment is limited here.

    There is a lot to it and really don’t think this is the best format for it here.

    • just_another_person@lemmy.worldEnglish
      5·
      4 hours ago

      It does not depend. 4th amendment is superceded by any state law, and it’s SUPER clear that unless a crime has been committed and prosecutorial procedures are in place, no search or seizure is legal.

      That’s the whole point.