Spyke

Syndicated from the fediverse. Read and engage on the original instance.

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14 replies

anarchist.nexus

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...

24
Fishnoodlereply
lemmy.world

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

3
Ptsfreply
lemmy.world

4th amendment rolling over in its grave.

2

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.

1
infosec.pub

https://lemmy.today/c/news is a fascist anti-woke instance, and @[email protected] 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.

14
sh.itjust.works

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.

14
Ptsfreply
lemmy.world

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. 😤

1
sh.itjust.works

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.

2

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.

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