An Appeals Court panel has ruled that federal agents can legally search through travelers' cell phones without reasonable suspicion, probable cause, or a warrant when they cross an international border.

you are viewing a single comment's thread
view the rest of the comments
[–] 9 points 2 days ago* (8 children)

Careful, that’s destruction of evidence even if the CBP does it for you.

  • source
  • parent
  • hideshow 8 child comments
  • [–] 6 points 2 days ago (2 children)

    It's different if you've done it before you got to customs. The person who is being sued now did it after his phone was already in possession of customs.

  • source
  • parent
  • hideshow 2 child comments
  • [–] 5 points 2 days ago (3 children)

    I imagine that you're fine if you do it before ever approaching the border. You could just say "my phone was giving me major problems so I had to factory reset it, and I just haven't had time to set everything back up."

  • source
  • parent
  • hideshow 3 child comments
  • [–] 5 points 2 days ago (2 children)

    The lie would likely be what gets you in trouble. The basic truth would probably be safer.

    a: "Why is this phone empty?"
    b: "Because I performed a reset on it."
    a: "Why did you perform a reset on it?"
    b: "Because I wanted to. I'm not aware of any law I broke in how I deal with my own property."

    Your phone will likely still be seized and you may still get questioned, but you've broken no laws. However, don't take my advice. IANAL

  • source
  • parent
  • hideshow 2 child comments
  • [–] 1 point 2 days ago

    I'm not aware of any law I broke in how I deal with my own property.

    "Ignorance of the [fuzzily-defined conveniently enforcement-friendly constitution-dodging illegal law that violates your rights] doesn't exclude you from its consequences!"

  • source
  • parent