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French scientist denied US entry after phone messages critical of Trump found (www.theguardian.com)

submitted 5 days ago by [email protected] to c/[email protected]

151 comments fedilink hide all child comments

France’s research minister said a French scientist was denied entry to the US this month after immigration officers at an airport searched his phone and found messages in which he had expressed criticism of the Trump administration.

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[–] [email protected] 13 points 5 days ago (10 children)

That's forced. Since when was it a thing?

[–] [email protected] 25 points 4 days ago* (last edited 4 days ago) (7 children)

Since the PATRIOT Act at least, but possibly since Reagan's Executive Order 12333.

Looks like there is also a court case from 1977 that is related.

https://en.m.wikipedia.org/wiki/Border_search_exception

Every border patrol agent within 100 miles of any US border has this authority and has for a looooong fucking time.

It's honestly a little shocking this isn't more well known.

[–] [email protected] 7 points 4 days ago (6 children)

A 2-1 circuit split means that the 2 currently prevails, thus making border searching of electronics illegal unless you're within the 11th's jurisdiction (Florida, Georgia, Alabama, while the guy was arrested traveling to a Texas conference), no?

In 2014, the US Supreme Court issued its landmark ruling in Riley v. California, which held that law enforcement officials violated the Fourth Amendment when they searched an arrestee's cellphone without a warrant. The court explained, "Modern cell phones are not just another technological convenience. With all they contain and all they may reveal, they hold for many Americans 'the privacies of life.' The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought."[15]

In 2013, before Riley was decided, the Ninth Circuit court of appeals held that reasonable suspicion is required to subject a computer seized at the border to forensic examination. [...] In May of 2018, in U.S. v. Kolsuz, the Fourth Circuit Court of Appeals has held that it is unconstitutional for US border officials to subject visitors' devices to forensic searches without individualized suspicion of criminal wrongdoing.[22] Just five days later, in U.S. v. Touset, the Eleventh Circuit Court of Appeals split with the Fourth and Ninth Circuits, ruling that the Fourth Amendment does not require suspicion for forensic searches of electronic devices at the border.[23] The existence of a circuit split is one of the factors that the Supreme Court of the United States considers when deciding whether to grant review of a case.[24]

[–] [email protected] 4 points 4 days ago (1 children)

My understanding is that any protections like that only apply to citizens while at the border and not foreigners looking to travel.

[–] [email protected] 3 points 4 days ago

held that it is unconstitutional for US border officials to subject visitors' devices to forensic searches without individualized suspicion of criminal wrongdoing

It's not like the Bill of Rights doesn't apply to people with just visas either.

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