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Topic: Custom Allowed to search personal computer as piece of luggage |
tourist.Tam |
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General Member Since: Feb 2, 2007 Posts: 397 Last: Oct 6, 2009 [view latest posts] |
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Category: In The News Posted: Tuesday, Apr. 22, 2008 01:12 pm |
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the San Fransisco Chronicles reports a potentially dangerous ruling that would allow the custom to search any personal computer without the need to find any previous wrong doing .... scary stuff if they were to start checking for other stuff than child pornography. Personal stuff should remain personal, imho.
Tam |
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foyleman |
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Preferred PLUS Member Since: Nov 7, 2001 Posts: 95765 Last: Apr 9, 2024 [view latest posts] |
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Category: In The News Posted: Tuesday, Apr. 22, 2008 02:12 pm |
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So when you say "search", you mean that they can turn on the computer and search the files on the drive. whoa.
this ruling also applies to cell phones.
Quote: Although police need probable cause - specific evidence of criminal activity - to search someone on the street, the U.S. Supreme Court has ruled that no such evidence is necessary for a border search. Courts have also ruled that an international airport is the equivalent of a border.
Border agents would need grounds for suspicion before conducting a body search, but a "piece of property simply does not implicate the same dignity and privacy concerns as highly intrusive searches of the person," the court said. |
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Foxhound |
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Preferred PLUS Member Since: May 31, 2002 Posts: 5983 Last: Sep 6, 2014 [view latest posts] |
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SparkyMcSparks |
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General Member Since: Feb 28, 2004 Posts: 1713 Last: Dec 29, 2016 [view latest posts] |
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bNasty |
General Member Since: Feb 26, 2008 Posts: 94 Last: Feb 18, 2009 [view latest posts] |
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illram |
General Member Since: Jan 22, 2008 Posts: 233 Last: Jul 15, 2008 [view latest posts] |
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Category: In The News Posted: Tuesday, Apr. 22, 2008 10:46 pm |
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Sparks. writes...Quote: This may be a dumb question, but what if you have password locks on your computer and cell phone, can they demand you unlock the system/phone and possibly take you in if you refuse to?
Yes. |
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SparkyMcSparks |
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General Member Since: Feb 28, 2004 Posts: 1713 Last: Dec 29, 2016 [view latest posts] |
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illram |
General Member Since: Jan 22, 2008 Posts: 233 Last: Jul 15, 2008 [view latest posts] |
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Category: In The News Posted: Tuesday, Apr. 22, 2008 11:55 pm |
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Sparks. writes...Quote: But questioning you for the password or even asking, wouldn't that be as Foyleman quoted up above, "implicate the same dignity and privacy concerns as highly intrusive searches of the person".
Especially if you don't give the password at first and they start making threats.
Obstructing their search is a whole new crime and you're just digging a deeper hole for yourself. If they want to search your locked suitcase for drugs, are they going to stop when you say you won't give them the key?
From a practical standpoint, you're never going to get anywhere arguing with a customs agent. The time to argue your case and the legality of what they are doing is later in court, not then and there. Same principle applies to cops.
Arresting pedophiles doesn't trouble me so much but it is a little sad that our personal liberties are essentially zero at airports and borders. It wouldn't bother me so much if they were actually doing a good job keeping us safe with these searches, but that's not really the case. |
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tourist.Tam |
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General Member Since: Feb 2, 2007 Posts: 397 Last: Oct 6, 2009 [view latest posts] |
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lazygit |
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General Member Since: Dec 13, 2003 Posts: 296 Last: Nov 3, 2022 [view latest posts] |
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