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by schoen 1 day ago
After reading more of this thread I'm kind of frustrated that people aren't aware of the border search exception.

I strongly disagree with the border search exception and would like to see it drastically limited or abolished.

It is also something that has clearly existed in caselaw for decades (arguably for centuries) and that the courts have routinely (to my regret) strongly reaffirmed.

The border search doctrine says that border agents do not need a reason to examine you or your possessions when you are entering the country. They do not need to believe that you are doing something wrong or committing a crime. If they suspect you, they don't need proof or a good reason to investigate you.

I find this doctrine very disturbing and I hope it will be changed or narrowed. I also would like people commenting in this thread to understand that border agents are not just imagining things when they claim to have legal authority to inspect people (or, alas, electronic devices or data) at the border, and that this didn't just start under the Trump administration or something.

The legal consequences of providing a duress PIN may not have been tested and this defendant could well prevail in this case. I just wish people commenting here would understand that there is a tremendous amount of history related to border search authority. You can disagree with it (I hope you will!), but you should understand that it's not just something that someone just made up last week or last month or last year.

1 comments

The thing you are missing is that although that doctrine weakens the 4th Amendment, there's no precedent it weakens the first and 5th amendment afaik.

There's no US law requiring key disclosure and there have been mixed court cases outcomes on whether people have to provide encryption keys.

I agree with all of that, but what I saw throughout the thread was many people talking about probable cause and warrants and suspicion.

I would love for that to be the rule at the border just as elsewhere, but it's very far away from what the courts have been saying so far, as well as what CBP has done for many years.