Quote:
Originally Posted by asuh1991
I don`t know about the states but here in Canada I am pretty sure the cops can`t just take your phone and look through it without consent. That is kind of messed up.
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There are various state laws and overall it's not settled*, so sort yes and no EXCEPT:
The
US Customs and Border Patrol (CBP), according to federal statutes, regulations and court decisions, have the authority to inspect, without a warrant, any person trying to gain entry into the country and their belongings. CBP can also question individuals about their citizenship or immigration status and ask for documents that prove admissibility into the country.
Many US citizens don't realize the CBP can search the data on their devices or deny entry*.
In short, they can ask for your phone and access codes and if you don't provide them, deny you entry into the country.
So anyone coming into the US can be compelled to allow a full search of their phones, laptops, tablets, etc. If you don't want to risk the search but still need entry to the US then store your info in the cloud and wipe your phone.
*As for inside the US:
• If you consent to a search, the police don’t need a warrant
• Law enforcement may show up at your door. Apart from a few exceptions (your consent, probable cause), police need a warrant to enter your home
• Be aware that the police can ask your roommate/guest/spouse/partner for access to your computer if they don’t have a warrant
• Even if you’re arrested, police can only search your phone under limited circumstances (they believe there's evidence that will be destroyed)
• As above, police can search your computer or portable devices at the border without a warrant
So, these guys may have given consent OR the police may have acted under the belief that the evidence was under threat of being immediately destroyed.
* and CBP has this power within a 100 mile zone around ANY BORDER. However, border officials in Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands, Oregon and Washington can only search your device if they have reasonable suspicion you’ve engaged in criminal behavior. (United States v. Cotterman) w00t california!