Samuel Tunick, who faces a felony charge for deleting his phone’s data during an airport customs search, called the government’s peering into people’s private lives “creepy.”
The current administration has stated that even for US Citizens, border entry suspends all constitutional rights. They’ve also said they believe this applies to allow warrantless searches within 100 miles of a border, which includes most major US cities, thus allowing ICE to search and kidnap basically anyone, not just immigrants. And they have stated that searching an electronic device is not a “search” as mentioned in the 4th Amendment and so you can’t refuse to unlock the device or “destroy evidence”. And that once you give them that access, that you have also “freely given” them access to your private social media, bank, etc., records and so those no longer require a warrant to access. And it’s “gun to the head” tactics because they also believe they can detain you indefinitely in the 100 mile zone without a lawyer or any other usual rights, because you aren’t being arrested, just an extended interview or whatever they call it. All in the name of terrorism prevention, of course.
Since they have corrupted the Supreme Court, this has been mostly upheld in various court cases so far. But any legal scholar will tell you it’s nonsense. But that doesn’t matter to authoritarians. They don’t work within the law.
The difference is that previous admins have just abused it much more sparingly because they knew that it would undermine the regime’s legitimacy if those powers got to much attention.
Oh, yeah, but at least the courts would intervene back then. Now many of the courts have been corrupted and the ones that haven’t are bound by precedent which the supreme court no longer obeys and courts above them that are corrupted. So these specific interpretations are becoming more and more common and not just against poor people who can’t afford lawyers.
The current administration has stated that even for US Citizens, border entry suspends all constitutional rights. They’ve also said they believe this applies to allow warrantless searches within 100 miles of a border, which includes most major US cities, thus allowing ICE to search and kidnap basically anyone, not just immigrants. And they have stated that searching an electronic device is not a “search” as mentioned in the 4th Amendment and so you can’t refuse to unlock the device or “destroy evidence”. And that once you give them that access, that you have also “freely given” them access to your private social media, bank, etc., records and so those no longer require a warrant to access. And it’s “gun to the head” tactics because they also believe they can detain you indefinitely in the 100 mile zone without a lawyer or any other usual rights, because you aren’t being arrested, just an extended interview or whatever they call it. All in the name of terrorism prevention, of course.
Since they have corrupted the Supreme Court, this has been mostly upheld in various court cases so far. But any legal scholar will tell you it’s nonsense. But that doesn’t matter to authoritarians. They don’t work within the law.
This started long before the current admin.
This was in place under Obama, and I’m pretty sure it started with 9/11.
The difference is that previous admins have just abused it much more sparingly because they knew that it would undermine the regime’s legitimacy if those powers got to much attention.
Legal Information Institute, Searches at International Borders suggests that the Supreme Court decided “searches made at the border … are reasonable simply by virtue of the fact that they occur at the border” in 1977.
Oh, yeah, but at least the courts would intervene back then. Now many of the courts have been corrupted and the ones that haven’t are bound by precedent which the supreme court no longer obeys and courts above them that are corrupted. So these specific interpretations are becoming more and more common and not just against poor people who can’t afford lawyers.