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comment by johnnyFive
johnnyFive  ·  376 days ago  ·  link  ·    ·  parent  ·  post: Suspicionless phone searches at the border are unconstitutional, court rules

Just be aware that "reasonable suspicion" is a pretty low bar. Given all the snake oil that TSA uses (e.g. things like gait analysis), it won't be hard for them to figure out a way to do this as often as they want.





nil  ·  374 days ago  ·  link  ·  

Sorry, IANAL but it's reasonable suspicion a crime has been committed yes? Would there ever be a situation where they would have to reveal what that reason is? It could get into extremely murky water quickly if it ends up being "I suspect you committed a crime because of hairdo/race/income/country of origin." Who knows what tactics they use.

I suppose any step in the right direction is good, no matter how small.

johnnyFive  ·  374 days ago  ·  link  ·  

    I suppose any step in the right direction is good, no matter how small.

This I definitely agree with.

And yes, it's reasonable suspicion that a crime has occurred. What this means at a practical level is complicated, and it remains to be seen how hard it will be to justify.

nil  ·  371 days ago  ·  link  ·  

https://www.eff.org/deeplinks/2019/11/federal-judge-issues-historic-opinion-digital-privacy-border

This EFF link has a better analysis than most articles I've seen. They need to have specific facts that the device contains contraband (In short, they can't just search to look for pictures of weed).

I used to binge watch Border Security. They're going to have a lot more issues determining admissibility now.