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Border agents can search cellphones without a warrant or reasonable suspicion

lawandcrime.com192 points167 comments
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Commenters debated a recent ruling that border agents can search cellphones without a warrant, with many expressing outrage that the 4th Amendment should forbid such searches (mmh0000, flerchin). Others invoked the longstanding border-search exception, arguing customs historically could inspect goods and that the rule now extends to digital devices (petcat, rtkwe, esafak). Several voices highlighted the 100-mile “border zone” as especially troubling because it effectively covers much of the U.S. population (0xbadcafebee, bshaughn), while Zak and otterley emphasized legal nuance: the exemption applies at actual border crossings and nonroutine intrusive person searches require reasonable suspicion, though examinations of belongings are treated more broadly. Some readers noted the ruling’s ambiguity about manual versus forensic digital searches (wrs).

Practical concerns and anecdotes drove much of the discussion. Several advised wiping or carrying a separate travel device and described corporate policies that issue sanitized phones for travel (andix, righthand, quickthrowman), but others said most travelers still cross with ordinary phones (chanakya, SoftTalker). A striking personal account recounted being barred from the U.S. after a false positive explosive detection and phone screenshots led to lengthy detention (fsiefken). Commenters worried about long-term repercussions of online posts (ramesh31, LeBit, jjbinx007), asked what happens if one refuses a search (gigel82), questioned constitutional protections for noncitizens (ghusto), and some called for structural judicial reform to constrain such rulings (mywittyname).

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