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
They can’t search your property without a warrant, probable cause, or your permission.
www.aclu.org/know-your-rights/border-zone
- An immigration officer also cannot search you or your belongings without either “probable cause” or your consent. If an agent asks you if they can search your belongings, you have the right to say no.
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
Of course they just deny you entry at that point…
Replying to @Crashumbc@lemmy.world
They can’t deny a US citizen entry to the US.
I doubt it would be grounds for turning away a legal visitor, though you would have to have a way to challenge it.
Replying to @GoatSynagogue@lemmy.world
You are sorely misinformed on both counts…
Replying to @Crashumbc@lemmy.world
You think they can deny a US citizen entry into the US?
Replying to @GoatSynagogue@lemmy.world
I think what is legal and what this administration does (and gets away with) are two very different things.
Replying to @Crashumbc@lemmy.world
So they’ve been denying citizens entry? Source?
Replying to @GoatSynagogue@lemmy.world
In this case the probable cause was that his name was on a terrorist watch list. something that the TSA and the FBI wouldn’t have known was done out of spite with no real justification. The search was as legal as it could be under the circumstances. Though access to the phone gets murkier because it falls into the bullshit reasons cops claim all the time to search or arrest you. They admit that they had no real evidence to hold him. claiming CSAM was likely to scare him into opening the phone for them. But the core issue is that he was on a terrorist watchlist and that is just cause. I’m not saying he should have been there but the issue is ultimately with the police department not the FBI or the TSA.
It’s a whole lotta bs and I hope he makes it through unscathed to sue the police department for their actions.
Replying to @GoatSynagogue@lemmy.world
That Probable Cause standard requires a reasonable and articulable suspicion of wrong doing to exist too. Merely crossing a boarder alone doesn’t give rise to that.
Replying to @GoatSynagogue@lemmy.world
You guys are looking at the wrong thing. Airports have their own set of bullshit rules. According to the government choosing to fly automatically implies consent to be searched. Domestic flights have more protections, but international flights basically wave your right to privacy under the 4th.
They only require explicit consent or probable cause if they want to do an advanced or forensic search of your phone. You can deny the search if you’re a citizen, but if you choose that option they can take your phone into custody for several weeks to attempt to crack it if they choose to do so.
Replying to @TranscendentalEmpire@lemmy.today
We’re also talking about the 100 mile border zone though, not just airports. As you say, airports have different rules that allow searches.