posted in Technology
GrapheneOS duress PIN could land a man in prison
www.androidauthority.com/grapheneos-duress-pin-us-prosecution-3691271/
Android AuthorityGrapheneOS duress PIN could land a man in prisonA US man is being prosecuted after allegedly using a GrapheneOS duress PIN to wipe his Pixel during a border search.
Replying to @sanitation@lemmy.today
From reading up on the laws and if what this article says is true, even if they unlocked his phone and found evidence of crimes on it, his case would be kicked to the curb as it was all an illegal search and correct procedures weren’t followed.
Replying to @GoatSynagogue@lemmy.world
Border guards do not need a search warrant to search you and your property at a crossing or point of entry. The search was perfectly legal.
Replying to @CanIFishHere@lemmy.ca
“At a crossing” means with 100 miles of any border or port of entry. Which is about 67% of the country. It is complete bullshit of a policy.
Replying to @kryptonianCodeMonkey@lemmy.world
I’m not an expert, but I don’t believe that applies to airport points of entry. Regardless, if you’re going to something as suspicious as wiping your phone while at a point of entry, consulting a lawyer beforehand is just a reasonable thing to do.
You may think some laws are bullshit, (ie: sovereign citizens) but you are still governed by those laws.
All I am saying is be informed.
Replying to @CanIFishHere@lemmy.ca
The 100 miles extends inward from the exterior border, not around every airport. But every international airport is a port of entry over which they have jurisdiction and can perform warrantless searches. And, in my opinion, warrantless searches for everyone by virtue of simply entering into the country is a violation of the 4th amendment. Which is why it’s bullshit and shouldn’t be allowed. It can and often is abused, especially when tied to another equally (should be) unconstitutional “law”, civil forfeiture, even before the bullshit policies Trump and the SCOTUS have deemed reasonable suspicion for illegal status (i.e. appearing Hispanic, speaking Spanish, displaying a flag from another nation, etc.) I’m aware of the laws, but that doesn’t make them just or even constitutional.
Replying to @kryptonianCodeMonkey@lemmy.world
They’re not allowed to do warrantless searches.
www.aclu.org/know-your-rights/border-zone
To do a search they need probable cause, your permission, or a warrant.
American Civil Liberties UnionKnow Your Rights | 100 Mile Border Zone | ACLUThe Fourth Amendment of the U.S. Constitution protects people from random and arbitrary stops and searches. Although the federal government claims the power to conduct certain kinds of warrantless stops within 100 miles of the U.S. border, important Fourth Amendment protections still apply.Replying to @GoatSynagogue@lemmy.world
Under the border search exception, federal officers may generally conduct routine, warrantless searches of persons and items entering the United States without reasonable suspicion or probable cause of unlawful activity. However, stops and searches conducted in areas farther from the border may require at least heightened suspicion or probable cause of unlawful activity to withstand Fourth Amendment scrutiny.
constitution.congress.gov/…/ALDE_00000239/
They can do warrantless searches. Just not within the entire 100 mile border. A fair distinction, but they definitely can at the border and ports of entry, and do so routinely.
Replying to @kryptonianCodeMonkey@lemmy.world
Yeh that’s very different to saying they can in the whole 100mil area.
At an airport or actual border crossing yeah, I can understand that. They’d only be doing it when they have a big suspicion of something, at least you’d hope. According to them it’s like 0.01% of people a year.
Replying to @GoatSynagogue@lemmy.world
They’d only be doing it when they have a big suspicion of something, at least you’d hope.
Nope. They often do it entirely randomly. I’ve seen videos of them pulling over multiple vehicles to be searched simultaneously at a crossing before.
Replying to @kryptonianCodeMonkey@lemmy.world
Oh I was more talking about the mobile phone checking then just a physical search of a car. Random car searches make sense as a deterrent.
Replying to @GoatSynagogue@lemmy.world
Border agents in an airport absolutely can do warrantless searches.
Replying to @CanIFishHere@lemmy.ca
We’re not just talking about airports though, but yes I agree on airports.