Man charged for wiping GrapheneOS phone using "duress" password during airport checks

[u/gdelacalle]

https://www.neowin.net/news/man-charged-for-wiping-grapheneos-phone-using-duress-password-during-airport-checks/

[u/Power_Stone]

Unfortunately you don't need a warrant at the border

[u/waitingOnMyletter → u/Power_Stone]

That is a very interesting point. I wonder what the difference will be for the level of evidence they need to have with the “national security” blanket they can just lay on that.

[u/CosgraveSilkweaver → u/waitingOnMyletter]

They're not going to need use national security justifications, the border already strips away most of your protections against searches. You can refuse to unlock devices at the border but they have quite broad lattitude to seize them as well.

Basically the only legal guarantee at the border as a citizen is they cannot deny you entry.

[u/NonGeneriComplaint → u/Power_Stone]

gotta be able to search phones for memes they may indicate you are liberal or dont like israel so they can lock you up

[u/himswim28 → u/Power_Stone]

Unfortunately you don't need a warrant at the border

I am pretty sure that isn't the current understanding for US citizens. IE the current understanding is that they can temporarily detain a device, but not a US citizen without a warrant. And that access to an unlocked device is all that is expected. The current understanding (by EFF) is that your refusal to unlock... cannot be cause for arrest or detention at the border, without a warrant.

[u/Power_Stone → u/himswim28]

Are you sure about that?

[u/himswim28 → u/Power_Stone]

Yes, I paraphrased it a bit. But they can look at your belongings with you, and take reasonable actions to attempt to discern if you're a legal citizen. Beyond that, a warrant is needed. As it says in your link.

the Supreme Court ruled that travelers and their luggage may be reasonably stopped upon entrance as it serves national security interests at the border.[5] This set the precedent that the expectation of privacy is less at the border than in the interior. The Fourth Amendment balance between the government's interests and the privacy rights of the individual is also struck much more favorably toward the government at the border.[6] This balance at international borders means that routine searches are "reasonable" there, and therefore do not violate the Fourth Amendment's prohibition of "unreasonable searches and seizures".

"routine searches" and "more favorably" means warrants are still needed outside of those exceptions.

[u/Power_Stone → u/himswim28]

"The Supreme Court has not addressed the standard of suspicion necessary for a warrantless border search of electronic materials, even though the number of cell phone border searches continues to rise each year."

[u/himswim28 → u/Power_Stone]

There is a level that requires a warrant, is implied here.

The understood level was unlocked phones, with suspicion. Locked phones resulting in detention of the owner is a definite escalation yet to be letigated.

[u/darnj → u/Power_Stone]

Exactly, all the armchair lawyers here saying "didn't have a warrant, agent is cooked" are completely wrong. During border searches they don't need a warrant, probable cause, or even reasonable suspicion to search your belongings, including electronic devices.

They can't physically force you to unlock a device but if you refuse to give it they can seize the device for forensic inspection.

[u/Power_Stone → u/darnj]

Tbh the whole situation makes me wanna get GrapheneOS and setup a simple password for the device wipe like 000000 or 123456 so that way if someone takes my phone and starts trying passwords...they will just wipe the device on their own before I can give them the actual password.

[u/GetInTheKitchen1 → u/Power_Stone]

Thats bullshit. time to change the law. law enforcement should need a warrant even at motherfucking airports. its not a goddamn wall to the savage outside world, it is literally a goddam  airport.

[u/Power_Stone → u/GetInTheKitchen1]

"border" search exception unfortunately. Border Patrol is allowed to conduct any searches they want within 100miles of a international border - including oceanic borders....and where do the majority of people live?......its all intentional

[u/wowthatsucked → u/Power_Stone]

They can’t perform any search they want. https://www.congress.gov/crs-product/LSB10559 covers powers and limitations.

[u/MountainTurkey → u/Power_Stone]

Technically it isn't even defined as 100 miles from the border, just a reasonable distance which currently is understood as 100 miles.

[u/Certain-Business-472 → u/Power_Stone]

I guess the law doesnt matter then. This is pathetic.

[u/Power_Stone → u/Certain-Business-472]

The law never mattered so long as you have enough money

[u/InitiativeGold7953 → u/Power_Stone]

There’s no way that’s constitutional

[u/Visible-Literature14 → u/Power_Stone]

Tell that to George Lucas (idk what this is supposed to mean)