Today all the things were gone
I'd worked for all my life
And its hard to start again
With no children and my wife
I'd rue my cursed stars
To be living here today
'Cause the flag now stands for serfdom
And freedoms been taken away
And I'm ashamed to be an American
Where folks pretend their free
And I won't forget, the men who lied
Who took that right from me
And I'd gladly stand up
Next to you and regain her still today
'Cause ain't no doubt I used to love this land
God help the USA
From the lakes of Minnesota
To the hills of Tennessee
Across the plains of Texas
From sea to shining sea
From Detroit down to Houston
And New York to L.A
Well there's disgust in every American heart
And it's time we stand and say
You'll almost certainly get charged with "disposing of evidence" or broadly "obstruction" if you give them a duress pin that scrambles your phone. Maybe get smacked around a bit because you injured their authority over you.
This ruling doesn't get into that question. Based on how courts treat refusing to take a breathalyzer, I'm guessing it opens you up to being detained for 24 hours on suspicion of a crime, giving them time to obtain a warrant. A different write-up says that if you do not give a password, they can detain your device and make you wait; but you are not required to give up the password. No other write-ups I can find mention the password issue.
I know previous rulings have said that Face Unlock does NOT count as forcing your password and is allowed by police in searches. When I go on international trips, I disable Face Unlock on my work phone before going to the airports to block that pathway since my phone contains company proprietary information and Controlled Unclassified Information (CUI). I have nothing embarrassing or illegal or incriminating on my personal phone, so I usually don't bother.
I believe a duress PIN is still a PIN, if they don't specify which they want, and then they enter it, they'd be hard pressed to actually charge you with obstruction.
I'm not a lawyer but I've been told never to give my PIN out.
The one time cops tried to search my phone (local police not border patrol) I wouldn't give my pin. They eventually gave it back but they wiped my phone.
I have a question about the whole port thing. Apparently (according to another case where a guy wiped his phone), international airports count as a port of entry where the authorities can search your phone without a warrant. But at the same time, shouldn't that only count in the event that you're using it as a port of exit or entry into the country? You mean to tell me I can take a flight to NY from Missouri and have my phone subjected to a search just because JFK is an international airport?
Can I drive by a border crossing and be subject to search?
According to the information found at this link the answer is yes.
So if I happen to live without a 100 mile radius of a border crossing I'm screwed? It seems like this decision further exacerbates an injustice inherent in the how much power ICE has, and it's bullshit. You should need probable cause to search someone.
Yeah. Has been for a long time friend. ICE stopping charter or even city busses to round up working people and make them prove they're citizens just because they happen to be within 100 miles of a border is practically a cliche at this point. Any international airport, shipping port, etc. works the same way. They operate on guilty until proven innocent, and if you are proven innocent, they'll invent a reason you're not anyway.
19 Comments
_Nemo_@lemmy.ml · 49 pts · 11d
And now, everyone!
"IN THE LAND OF THE FREE
AND THE HOME OF THE BRAVE!"
slacktoid@lemmy.ml · 17 pts · 11d
The bravest and the freeest boys and girls, that's why nobody needs privacy, cause youre all so free and brave!
HubertManne@piefed.social · 2 pts · 10d
Today all the things were gone I'd worked for all my life And its hard to start again With no children and my wife I'd rue my cursed stars To be living here today 'Cause the flag now stands for serfdom And freedoms been taken away
And I'm ashamed to be an American Where folks pretend their free And I won't forget, the men who lied Who took that right from me And I'd gladly stand up Next to you and regain her still today 'Cause ain't no doubt I used to love this land God help the USA
From the lakes of Minnesota To the hills of Tennessee Across the plains of Texas From sea to shining sea From Detroit down to Houston And New York to L.A Well there's disgust in every American heart And it's time we stand and say
kylian0087@lemmy.dbzer0.com · 33 pts · 11d
Oke, but am I required to give my password? Also is it "illegal" to give a duress pin if asked?
Carmakazi@piefed.social · 25 pts · 11d
You'll almost certainly get charged with "disposing of evidence" or broadly "obstruction" if you give them a duress pin that scrambles your phone. Maybe get smacked around a bit because you injured their authority over you.
fyzzlefry@retrolemmy.com · 6 pts · 11d
Eh I heal. So far.
dogslayeggs@lemmy.world · 7 pts · 11d
This ruling doesn't get into that question. Based on how courts treat refusing to take a breathalyzer, I'm guessing it opens you up to being detained for 24 hours on suspicion of a crime, giving them time to obtain a warrant. A different write-up says that if you do not give a password, they can detain your device and make you wait; but you are not required to give up the password. No other write-ups I can find mention the password issue.
I know previous rulings have said that Face Unlock does NOT count as forcing your password and is allowed by police in searches. When I go on international trips, I disable Face Unlock on my work phone before going to the airports to block that pathway since my phone contains company proprietary information and Controlled Unclassified Information (CUI). I have nothing embarrassing or illegal or incriminating on my personal phone, so I usually don't bother.
ozymandias117@lemmy.world · 5 pts · 11d
Same for fingerprint unlock
ITGuyLevi@programming.dev · 4 pts · 10d
I believe a duress PIN is still a PIN, if they don't specify which they want, and then they enter it, they'd be hard pressed to actually charge you with obstruction.
I'm not a lawyer but I've been told never to give my PIN out.
gopher@programming.dev · 4 pts · 10d
There's an ongoing case about duress pin use
https://www.theguardian.com/us-news/2026/jul/23/cop-city-protester-phone
forgetfulmeat@lemmy.world · 3 pts · 10d
The one time cops tried to search my phone (local police not border patrol) I wouldn't give my pin. They eventually gave it back but they wiped my phone.
SirMaple__@lemmy.ca · 25 pts · 11d
atrielienz@lemmy.world · 23 pts · 11d
I have a question about the whole port thing. Apparently (according to another case where a guy wiped his phone), international airports count as a port of entry where the authorities can search your phone without a warrant. But at the same time, shouldn't that only count in the event that you're using it as a port of exit or entry into the country? You mean to tell me I can take a flight to NY from Missouri and have my phone subjected to a search just because JFK is an international airport?
Can I drive by a border crossing and be subject to search?
According to the information found at this link the answer is yes.
https://www.nolo.com/legal-encyclopedia/rules-car-searches-different-search-near-us-border.html
So if I happen to live without a 100 mile radius of a border crossing I'm screwed? It seems like this decision further exacerbates an injustice inherent in the how much power ICE has, and it's bullshit. You should need probable cause to search someone.
GreenBeard@lemmy.ca · 20 pts · 11d
Yeah. Has been for a long time friend. ICE stopping charter or even city busses to round up working people and make them prove they're citizens just because they happen to be within 100 miles of a border is practically a cliche at this point. Any international airport, shipping port, etc. works the same way. They operate on guilty until proven innocent, and if you are proven innocent, they'll invent a reason you're not anyway.
Appoxo@lemmy.dbzer0.com · 18 pts · 10d
Reason Number 999 why I will refuse to enter the US if possible (or will have a decoy phone when entering the border)
DudeImMacGyver@kbin.earth · 14 pts · 11d
So much for "secure in your personal effects and documents"
palordrolap@fedia.io · 9 pts · 11d
Let me guess, this doesn't count as a legal proceeding and so you can't plead the 5th?
LodeMike@lemmy.today · 2 pts · 11d
You can always plead the 5th
liking625@lemmy.world · 6 pts · 10d
North Korea?