Judge rules no Constitution

Turtle

Administrator
Staff member
Retired Expediter
Yeah, uhm, no. The judge didn't rule that at all. The RT (Russian Times) either made it up or got it horribly wrong, and then the Minority Report quoted them and then other Blogs and forums picked up on it, but the reality is in the actual decision itself. By dismissing the case, he affirmed that CBP can seize and search electronic devices without warrant of international travelers when crossing the border, and that the border includes international air and train terminals. He specifically noted the difference between searching at the border and in the interior. He made no mention whatsoever of a 100 mile exemption zone in his decision.

Stories from real, actual news outlets like the New York Times, Washington Post, and even Wired give the actual information of the case. The various Blogs somehow miss the actual information. Weird.

Once you read those stories, and the actual court document of the decision, you'll wonder if the RT and the Minority Report even bothered to read the judge's decision at all, cause they're talking about a whole different news story that never happened.
 

Turtle

Administrator
Staff member
Retired Expediter
Why let facts get in the way?
It's just bizarre that they'd take a court decision that doesn't have anything whatsoever to do with the 100-mile border exemption, and then make it about the 100-mile border exemption, especially considering the fact that there is no 100-mile border exemption in the first place.

While there are actual federal laws that allow the 100-mile search exemption, the Supreme Court has clearly and repeatedly confirmed that the border search exception applies only at international borders and their functional equivalent (such as international airports).

That's why they need reasonable suspicion, probable cause, or your permission to search you at those inland border checkpoints along the Mexican and Canadian border, but if you cross the border from a foreign country they don't need any of that. If you travel internationally with a briefcase, customs can and will open and inspect the contents of that briefcase. They'll do the same thing with an electronic briefcase, like a laptop or a smartphone.

I've had my laptop seized and thoroughly inspected at a border crossing twice. Both times by Canadian Customs officers. The guy at Ft. Erie was nice and pleasant about it, but the Barney-Fife-on-steroids, Rambo-wannabe (with his shaved head, tapered short sleeves to show off his bulging muscles, and his pants tucked into his boots) at the middle-of-nowhere crossing at the northern tip of the Idaho Panhandle was a Royal-sized PITA.
 
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