
I have a question about the whole port thing. Apparently (according to another case where a guy wiped his phone), international airports count as a port of entry where the authorities can search your phone without a warrant. But at the same time, shouldn’t that only count in the event that you’re using it as a port of exit or entry into the country? You mean to tell me I can take a flight to NY from Missouri and have my phone subjected to a search just because JFK is an international airport?
Can I drive by a border crossing and be subject to search?
According to the information found at this link the answer is yes.
https://www.nolo.com/legal-encyclopedia/rules-car-searches-different-search-near-us-border.html
So if I happen to live without a 100 mile radius of a border crossing I’m screwed? It seems like this decision further exacerbates an injustice inherent in the how much power ICE has, and it’s bullshit. You should need probable cause to search someone.
They have a point though. Technically from what I’ve read just living near an airport would give ICE the authority to search your phone and anything else you might be carrying if it’s within a certain mile radius. Even if you aren’t using the port of entry (airport for instance). Regardless of whether or not they have any other form of probable cause.
I don’t understand how others don’t understand that. Because it’s a hell of a conclusion to come to.