An Appeals Court panel has ruled that federal agents can legally search through travelers’ cell phones without reasonable suspicion, probable cause, or a warrant when they cross an international border.

  • who@feddit.org
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    21 hours ago

    “The ‘longstanding recognition that searches at our borders without probable cause and without a warrant are nonetheless ‘reasonable’ has a history as old as the Fourth Amendment itself.’ United States v. Ramsey, 431 U.S. 606, 619 (1977).”

    The reasoning seems to be that these searches should be considered reasonable simply because they’re as old as the Fourth Amendment, but wasn’t the Fourth Amendment adopted to end searches of this kind? It seems like a fallacious argument.

    Apparently the US also has this policy: https://en.wikipedia.org/wiki/Border_search_exception
    That allows warrantless searches within 100 miles of a border, which I think entirely covers many population centres.

    Does anyone else find this absurd?

    • Attacker94@lemmy.world
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      17 hours ago

      has a history as old as the Fourth Amendment itself

      I hate to break it to them but 1787 isn’t remotely close to 1977.

    • stoly@lemmy.world
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      18 hours ago

      That also allows them to board any train, bus, or plane that is within 100 miles of the border and detain people without reasonable cause.