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joshkayesterday at 4:36 PM2 repliesview on HN

I'm just guessing here, but the most problematic word on the 4th amendment to attack from the government's perspective is "unreasonable". It's easy to see how a phone border search could be construed as reasonable, and (without digging into this deeply) I suspect that's where most of the push back on this will be.

I suspect the 5th amendment is probably more valuable to the defense here as the password is effectively testimonial and the give us your password or we'll ... is compelled speech.

Either way, it's gonna be many 10s of thousands of dollars in lawyers fees to fight this. Which sucks.


Replies

anon84873628yesterday at 11:57 PM

You should check out the LegalEagle video on the case. Covers all these interesting questions:

https://www.youtube.com/watch?v=_2rokxux5cU

Eremyesterday at 7:34 PM

> It's easy to see how a phone border search could be construed as reasonable

I'm curious, is there any case law from the pre digital age regarding people forced to open their briefcase and let the border guard read all their documents at a port of entry?