World travelers -- your data is their data

Forums:

Hey lawyers... How long between crossing and the Custom's intervention?  Is any coastal city (within 100 miles of an ocean) fair game for "Show me your papers and hand over the phone?" 

***********************************************************************************

Under the Fourth Amendment, law enforcement needs at least reasonable suspicion if they want to search people or their possessions within the United States.

But not at border crossings, and not at airport terminals.

"The Fourth Amendment, even for U.S. citizens, doesn't apply at the border," said Callahan. "That's under case law that goes back 150 years."

Customs and Border officers can search travelers without any level of suspicion.

They have the legal authority to go through any object crossing the border within 100 miles, including smartphones and laptops.

They have the right to take devices away from travelers for five days without providing justification. In the absence of probable cause, however, they have to give the devices back.

What CBP agents call "detaining" cellphones didn't start after Donald Trump's election. The practice began a decade ago, late in the George W. Bush administration, but was highly focused on specific individuals.

DHS has published 24 reports detailing its extensive technological capability to forensically extract data from mobile devices, regardless of password protection on most Apple and Android phones. The reports document its proven ability to access deleted call logs, videos, photos, and emails to name a few, in addition to the Twitter, Facebook, and Instagram apps.

http://www.nbcnews.com/news/us-news/american-citizens-u-s-border-agents-...

Thom is stoked?