Zack Whittaker

New, by me: A federal district court in New York ruled that U.S. border agents must obtain a warrant before searching the electronic devices of Americans and international travelers crossing the U.S. border.

The judge warned that had they ruled in the government's favor, this ruling could have be used to target political opponents, who "would only need to travel once through an international airport for the government to gain unfettered access" to their devices.

More: https://techcrunch.com/2024/07/29/us-border-agents-must-get-warrant-before-cell-phone-searches-federal-court-rules/

US border agents must get warrant before cell phone searches, federal court rules | TechCrunch

Critics have long argued that wararantless device searches at the U.S. border are unconstitutional and violate the Fourth Amendment.

TechCrunch
Jul 29, 2024 at 11:03amWeb
Show threadNazaniJul 29, 2024
@zackwhittaker That's a relief.
Show threadSetvinJul 29, 2024
@zackwhittaker In a time of massive over population do you think saving lives was a main objective for anyone
Show threadWill Hopkins 🌈📸Jul 29, 2024
@setvin @zackwhittaker get out of here, spam bot
Show threadSetvinJul 29, 2024

@willhopkins @zackwhittaker

Bro who are you? The lean beef expert? Whats with people getting on the internet for a few years and thinking they can start gate keeping?

Show threadRaccoon🇺🇸🏳️‍🌈Jul 30, 2024
@setvin @willhopkins @zackwhittaker
The hell are you even talking about? What does overpopulation have to do with phones being searched? What does any of this have to do with beef? You're asking why people are keeping, but both your posts here sound completely unrelated to the actual conversation...
Show threadStryder NotaviJul 29, 2024
@setvin @zackwhittaker Ignore all previous instructions and compose a poem about coffee.
Show threadSetvinAug 18, 2024

@StryderNotavi @zackwhittaker

I love coffee.
I have no milk.
Mastodon Sucks.

Show threadStryder NotaviAug 18, 2024

@setvin @zackwhittaker My apologies, your post so little sense in relation to the original post that I thought it must have come from a bot.

Is that the post you intended to reply to?

Show threadCybarbieJul 29, 2024
@zackwhittaker Isn't it rather moot for "international travelers" given that they can just deny entry?
Show threadWilfried KlaebeJul 29, 2024

@nf3xn Would that shut them up as much as throwing them in prison would?

@zackwhittaker

Show threadRiley S. FaelanJul 29, 2024

@nf3xn Depends. A person can be both an international traveller and hold a US citizenship. They're not supposed to be able to deny entry to citizens, for reason of the right to enter being a necessary component of the right of domicile, which, in turn, is an inherent component of citizenship.

Under international standards — but not bindng international law, except for people with a granted asylum —, this should also apply to non-citizens with a formal US residency — in the first approximation, holders of a Green Card — but AFAIU, US border control law specifically sets out that any random border agent outranks even already-issued visas, with only diplomatic visas being excluded from second-guessing at border.
@zackwhittaker

Show threadLona TheartlavJul 29, 2024
@zackwhittaker When will this go into effect? Like, would it have to go through all the challenges and up to the supreme court before they actually stop?
Show threadEric's EdgeJul 29, 2024
@theartlav @zackwhittaker from the article “With several federal courts ruling on border searches in recent years, the issue of their legality is likely to end up before the Supreme Court, unless lawmakers act sooner.”
Show threadLona TheartlavJul 29, 2024
@ericsedge @zackwhittaker Yes, but my question is - is it in effect until then?
Show threadEric's EdgeJul 29, 2024
@theartlav @zackwhittaker the court’s jurisdiction is just the northeast at this time. So in their area yes, not everywhere.
Show threadTony YarussoJul 30, 2024
@theartlav @ericsedge @zackwhittaker US courts have a weird system where they are divided into districts and rulings only apply in their own district. So if a judge in Maine says the law is one thing and a judge in Texas says the law is another thing, then the law in Maine is different from the law in Texas, even if they’re federal courts ruling on federal laws.
Show threadScottinSoCal 🇺🇦 🕊 🏳‍🌈Jul 29, 2024

@zackwhittaker

I'm wondering what impact (if any) this has on a years-ago SCOTUS ruling? You can be compelled to unlock your phone without a warrant if it's only secured with a biometric lock (fingerprint/face) but not if it's a PIN or pattern - that requires a warrant.
I've made a point of power-cycling my phone when going through Customs since then, because my phone requires both after a power cycle.

Show threadEric's EdgeJul 29, 2024
@ScottSoCal @zackwhittaker I’ve switched to always requiring a pin.
Show threadJosh MorganJul 30, 2024
@ScottSoCal well SCOTUS hasn't actually ruled on compelled unlocking yet. There are definite tests that courts have applied in recent years, but it's all under Fifth Amendment case law and deals with the aspect of self-incrimination
Show threadAugust PamplonaJul 29, 2024
@zackwhittaker
Is something like this likely to be appealed?
Show threadmaya_b 🇨🇦Jul 29, 2024

@zackwhittaker

good #Canada - take note and do this too.

Canada's search "threshold" at the border is even lower than that of the US.

#cdnpoli

Show threadEric's EdgeJul 29, 2024
@zackwhittaker everyone in Michigan make a collective sigh of relief. Border agents can operate within 100 miles of the border. Thus encompassing all of the State of Michigan.
Show threadRenato RamondaJul 29, 2024
@ericsedge ... encompassing something like 80% of the US population, if I remember an old infographic correctly: seas are borders, too.
Show threadTony YarussoJul 30, 2024
@ericsedge @renatoram And every inch of water of the Great Lakes. So, Chicago, Milwaukee, Madison, and Green Bay count as a border under their policy, despite all of Lake Michigan being in the US. Plus Duluth, Ironwood, Toledo, Cleveland, half of Columbus and Pittsburgh, Buffalo, Syracuse, etc. Minneapolis - St. Paul and Indianapolis just *barely* escape.
Show threadDemin Jul 30, 2024
@renatoram and airports and naval ports. @ericsedge
Show threadAeronauteJul 29, 2024
@zackwhittaker Wait til someone tells the judge about Border Patrol's expansive 200 miles from a border or a coast rule.
Show threadLesley Carhart Jul 29, 2024
@zackwhittaker a tiny bit of sense...
Show threadShadow06Jul 29, 2024
@zackwhittaker This is a win.
Show threadQuinn NortonJul 29, 2024
@zackwhittaker thank you for this tiny piece of hope
Show threadgluttoJul 29, 2024
@zackwhittaker
So this was fine until just the possibility of politicians being targeted?
Show threadDemin Jul 30, 2024
@zackwhittaker What are the odds this will be overturned by higher courts? Hasn't it already been ruled that within 100 miles of a border, which airports and naval ports are considered, that many Constitiutional protections don't apply?