An Appeals Court panel has ruled that federal agents can legally search through travelers’ cell phones without reasonable suspicion, probable cause, or a warrant when they cross an international border.
An Appeals Court panel has ruled that federal agents can legally search through travelers’ cell phones without reasonable suspicion, probable cause, or a warrant when they cross an international border.
Careful, that’s destruction of evidence even if the CBP does it for you.
It’s different if you’ve done it before you got to customs. The person who is being sued now did it after his phone was already in possession of customs.
Technically, customs did it themselves through their own stupidity.
The amount of smug must’ve felt so good in the moment. “Bro what’d you do to my phone?! :( :( :(”
I imagine that you’re fine if you do it before ever approaching the border. You could just say “my phone was giving me major problems so I had to factory reset it, and I just haven’t had time to set everything back up.”
The lie would likely be what gets you in trouble. The basic truth would probably be safer.
a: “Why is this phone empty?”
b: “Because I performed a reset on it.”
a: “Why did you perform a reset on it?”
b: “Because I wanted to. I’m not aware of any law I broke in how I deal with my own property.”
Your phone will likely still be seized and you may still get questioned, but you’ve broken no laws. However, don’t take my advice. IANAL
Honestly, the best response is probably just repeating “Lawyer” until you have one with you
“Ignorance of the [fuzzily-defined conveniently enforcement-friendly constitution-dodging illegal law that violates your rights] doesn’t exclude you from its consequences!”
The law they charged that activist with requires an intentional act, i.e. giving a pig the panic code. Possession of a wiped phone can’t show destruction of evidence by itself.