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c/gestapo_usa · by supersquirrel@sopuli.xyz · 35d

US accuses American of allegedly wiping his phone using a 'duress' password during border search

https://techcrunch.com/2026/07/24/us-accuses-american-of-allegedly-wiping-his-phone-using-a-duress-password-during-border-search/

cross-posted from: https://lemmy.today/post/57164154

48 points · 14 comments · view on lemmy.world

14 Comments

Vegan_Joe@anarchist.nexus · 24 pts · 35d (1 reply)

Tunick’s case also raises ongoing questions about what constitutional rights can be invoked at the border, which the U.S. government has long asserted is not U.S. soil until a person is authorized to enter.

So do the laws apply at the border or not? If he has no constitutional rights because he's supposedly not on U.S. soil, then he couldn't be breaking U.S. law, since he technically isn't there...

yeahiknow3@lemmy.dbzer0.com · 6 pts · 35d

They’re basically saying murder is legal at the border. Bizarre legal theory.

Fishnoodle@lemmy.world · 15 pts · 35d (5 replies)

And? Was there a court order preventing it at the time?

Arcanepotato@crazypeople.online · 3 pts · 35d (4 replies)

Why would they need a court order if they are citing the law they say he broke?

Fishnoodle@lemmy.world · 3 pts · 33d (3 replies)

They knew he was guilty at the time of arrest, before any trial?

Arcanepotato@crazypeople.online · -1 pts · 33d (2 replies)

Guilty of what?

Ptsf@lemmy.world · 2 pts · 33d (1 reply)

4th amendment rolling over in its grave.

Arcanepotato@crazypeople.online · 1 pts · 33d

From the article:

The U.S. government has long claimed it can search and seize people’s devices without a search warrant or court order until they are permitted entry to the United States.

I'm not saying any of this is okay. It's startling how little Americans know about what absurd things the US gov does within the existing legal framework. It isn't new.

atomicbocks@sh.itjust.works · 14 pts · 35d (3 replies)

I’m confused. The constitution always applies between US citizens and US agents regardless of location. The 5th amendment applies here.

It honestly sounds like they are either trying to further besmirch/criminalize GrapheneOS or they are butthurt that they got tricked.

Ptsf@lemmy.world · 1 pts · 33d (2 replies)

Actually, and you're gonna hate this, but it does not not... At least according to the government... At least according to the government if you're within 100 miles of the border. 😤

atomicbocks@sh.itjust.works · 2 pts · 33d (1 reply)

I can still plead the fifth even within 100 miles of a border or an airport. And that’s the reason that what you’re saying is wrong because they count airports as part of the borders, 100 miles from the airport would mean every major city is no longer under the protection of the constitution.

Ptsf@lemmy.world · 1 pts · 33d

Being allowed just one of your rights under the constitution is not being allowed all of them. If you're within 100 miles of a border, a US customs agent can by current law surpress your 4th amendment right. I did not mean to imply that you lost all constitutional protections in such zone, but the current government doesn't really care about constitutional intent or law and has punched all kinds of holes in it. Just see the current admins attempts to revoke the 14th amendment without an act of congress. Laws are messy. What it says on the tin is not garunteed to be what you're allowed, especially in our modern oligarchical republic.

CubitOom@infosec.pub · 14 pts · 35d (1 reply)

https://lemmy.today/c/news is a fascist anti-woke instance, and @PapaSkwat@lemmy.today will ban you for downvoting or disagreeing in anyway.

I'm surprised they even posted this article but I think it may just be to grow their terrible community.

Point is, don't crosspost them. If you think it should be shared then just make a newpost, don't give them traffic or normalization.

makeshift0546@lemmy.today · 3 pts · 35d