[onetimemanytime]

>>It's possible the TSA will claim that taking a device for some amount of time and giving it back doesn't qualify as a (4th amendment) search.

Not likely to work: "We just want to search your house for 30 minutes" or "you can have your document back after we photocopy it, so no warrant needed."

The idea is that they cannot do certain things without a warrant.

[mcherm]

I think the fear is that the TSA will deny having searched the phone and the complaintant will have not way of proving that they did.

[oldandtired]

Having the system have an ability to log all accesses after switching on get past this problem. As the logs will be proof the system was searched while not in your hands.

[mcherm]

Does the system have such an ability?

I can't exactly go re-write iOS or Android (technically, I suppose I could do the latter) in order to add this feature.

[iwalsh]

>"We just want to search your house for 30 minutes" or "you can have your document back after we photocopy it, so no warrant needed."

This scenario would be quite a bit more akin to "let me have that locked briefcase you're carrying through security, no need for you to unlock it" and then returning it to you locked after 10 minutes.

Was that a 4th amendment search if they claim that they didn't look through your briefcase?

[dragonwriter]

> Was that a 4th amendment search if they claim that they didn't look through your briefcase?

It's a seizure whether or not they looked through it, and it's a search if they examined—by any means, technical or otherwise—the contents in a way they wouldn't have been practically able to without seizing it, irrespective of whether they opened it (and even more independent of whether they claim they opened it.)