DHS Can Seize Your Electronics Within 100 Mi.of US Border, Says DHS
dreamstateseven writes "In a not-so-unexpected move, the Department of Homeland Security has concluded that travelers along the nation's borders may have their electronics seized and the contents of those devices examined for any reason whatsoever — all in the name of national security. According to legal precedent, the Fourth Amendment — the right to be free from unreasonable searches and seizures — does not apply along the border. The memo highlights the friction between today's reality that electronic devices have become virtual extensions of ourselves housing everything from e-mail to instant-message chats to photos and our papers and effects — juxtaposed against the government's stated quest for national security. By the way, the government contends the Fourth-Amendment-Free Zone stretches 100 miles inland from the nation's actual border."
Can they go into Canada or Mexico and seize stuff? Is this even legal? Or does it count as an invasion? Or has it got to be in the sea?
Go die in a fire.
But not according to the constitution. It's more unauthorized law from the "SCOTUS says SCOTUS can say whatever it wants because SCOTUS says so" crew.
I've fallen off your lawn, and I can't get up.
Well, doesn't their reasoning make the entire country a border? Because an international plane (helicopter) can land virtually anywhere.. What protection does the fourth amendment give?
Did this ever reach the supreme court?
I'm not a complete idiot... Some parts are missing.
According to legal precedent, the Fourth Amendment — the right to be free from unreasonable searches and seizures — does not apply along the border.
The failure of the court to enforce the fourth amendment against government usurpation does not change what it says. There is no "border exception" in the bill of rights.
-jcr
The only title of honor that a tyrant can grant is "Enemy of the State."
Well, that includes all coastal cites, New York, L.A., Miami.
Just eyeballing a map of the US, I'd estimate that 100 miles in covers at least a quarter of the country. Anyone have a more accurate proportion of how much the country this covers?
Tic-Tac-Toe, Global Thermonuclear War, and relationships all have the same winning move.
Just for conjecture, Burlington, VT, Rochester, NY, Cleveland, OH are well within 160km (100 miles) of the Canadian border.
Well, there goes $350 from me?
I was going to upgrade to a nice, shiny new Galaxy S III this Saturday, and get a data plan and everything.
I don't need either, but thought it might be nice to play around with all the cool toys, send IM and Tweets and stuff. Well. Not so nice after all.
Sorry, Samsung! Sorry, T-Mobile! I'm gonna stick with my talk & text plan on a $25 disposable that I fling down a sewer grate.
[End Of Line]
http://www.aclu.org/blog/technology-and-liberty/homeland-security-assuming-broad-powers-turning-vast-swaths-us
Sucks to live in San Diego, California, Yuma or Tucson Arizona etc. I wonder of the typical sarcastic response is along the lines of "It's cool, I wasn't using my rights anyway"
Man blir trött av att gå och göra ingenting.
I thought this applied to probable cause. Wouldn't seem necessary if they don't need probable cause. I've also head that around 70% of our population lives within 100 miles of the borders. Can anyone provide cites for these? Thanks.
http://arstechnica.com/security/2008/10/aclu-23-of-us-population-lives-in-constitution-free-zone/
Nothing is enough for whom enough is too little - Confucius
So, for all the gun control fans out there, you cannot pick and choose which part of the Constitution you choose to enforce. When you start deciding that one section or another is inconvenient in the modern era you undermine everything, including the parts you like. We have a process for amending the Constitution. It is intentionally difficult.
Just as people argue about what exactly "bear arms" means, now we get to argue about what "unreasonable" means. I think they are both adequately clear. The suspension of the fourth amendment when you are actually at a boarder crossing makes sense because it is voluntary. You have a sign that says "All items entering this boarder checkpoint are subject to search". One mile away is unreasonable.
It is only temporary. Someday, we will increase it to 1,000 miles.
(For those who don't get the joke, except for maybe a tiny patch near Lebanon, KS, the entire continental United States lies within 1,000 miles of a border, give or take.)
But in all seriousness, nearly two-thirds the population of the United States lives within 100 miles of our nation's borders. The DHS's claims are tantamount to an outright abrogation of the fourth amendment for the overwhelming majority of Americans—an irrefutable and egregious violation of their sworn oath to uphold the Constitution. So the only real question that we should be asking is this:
Freedom is a myth if our nation is unwilling to take people like this to task for wiping its a** with our nation's highest law. If we do not prosecute the DHS and anyone who commits illegal searches based on their borderline treasonous guidance, then our nation's highest law will have no teeth, and we might as well start calling ourselves the American Democratic Republic right now.
Check out my sci-fi/humor trilogy at PatriotsBooks.
In jail? They were just reelected.
Further, the US Constitution doesn't grant the federal government immigration authority. It is an "Implied Power" http://en.wikipedia.org/wiki/Implied_powers
My wife and I went to Charleston SC for our anniversary last year. We were just walking around downtown when a couple of DHS agents walked up to us and demanded to see our ID and our cell phones.
Without even asking, one of them snatched my wife's purse and removed her cell phone from it, and plugged it into some device.
I did not have my cell phone on me, and when I told them that, I was arrested and taken to a mobile "command center" where I was interrogated as to why I didn't have a cell phone, and subsequently stripped to my underwear because they thought I was lying about not having one.
The entire experience was humiliating.
The USA is no longer a free country. Period. And, anyone who thinks it is is deluding themselves.
Instead of violence, I wish them perpetual GroundHog Day at the transparent airport security booth of the coughing Dr. Longfingers.
Table-ized A.I.
I mean, is the constitutional bill of rights such a house-of-cards that tampering with even one of them *guarantees* that the rest will fall? While I can get that such a consequence is something to perhaps watch out carefully for in the future and certainly try to prevent, the reaction that a single right from the constitution being suspended should somehow necessarily invalidate any or all of the others to be a bit... uhmm.... needlessly melodramatic.
File under 'M' for 'Manic ranting'
In US v. Boucher, DHS argues that they can COMPEL you to speak your passwords at the border.
Now, DHS is arguing that the border extends 100 miles around the whole perimeter of the US (where most of the American people live).
They ought to have serious problems with this in the federal courts.
Who the hell links to an article about the ACLU's work, without Linking directly to the work in question instead
Liberty.
The "border" is unfortunately whatever the feds damn well say it is.
All they have to do is call you a terrorist and you can be detained indefinitely and you'll never make it to court to challenge it in the first place.
In Detroit? Everyone foolish enough to bring electronics into Detroit gets them taken immediately. Not by DHS agents.
Haven't you been paying attention? The Law is whatever Obama wants it to be. He rules by Executive Order and doesn't give two shits about the Law or the Constitution.
How come you only started paying attention when the black guy showed up?
It's happened before. Ever hear of the Pancho Villa Expedition?
Reall good huh! What suckers you all were to believe the "Obama is good on civil liberties!" line. The man has proven himself by word and deed to be even more evil than Bush and Cheney. Not only does he not reverse their policies, he expands and extends them. But not a peep out of his supporters because he's "their" guy.
Exactly. The 100 mi includes about 99.999% of the USA population. So this is a huge power grab of the Federal gov over the States. Smacks of a return of Civil War Martial Law - the whole USA now answers to Washington DC.
Excuse me, but please get off my Pennisetum Clandestinum, eh!
there is no ammo box option. it's not an option in a civil society
That is correct. The ammo box is to be used when the society is no longer civil. For example, when your lords and masters tread upon you and enslave you. At one point it had something to do with taxes, at another - with slavery. Thirst for power also works. The society can drop the pretenses of civility very quickly (technically, at any time when civil methods are no longer advantageous.)
shooting people does what? turns you into a target for a manhunt. that's it
Largely yes, it does that. However it also tells others that their actions have consequences. Some people understand only the language of force; you can find many such people in your local MS13 gang - or, as Chris Dorner tells us, at LAPD headquarters. He may be wrong even in theory; and killing people over verbal offenses or over dismissal from a job is a terrible overreaction. He is very likely to be a mental patient because even in his manifesto you can see explosive rage where a reasonable man would record the conversation on his cell phone, then call his lawyer and get rich.
i don't really know why this stupid idea appeals to some people unless you are actually an unhinged individual
Mr. Dorner is unhinged, it is obvious from any one out of the many hints that he provided. Naturally, he is absolutely sure that he is perfectly sane and his actions are "necessary evil." All insane people are sure that they are sane. Half of his manifesto is talking about petty offenses that he was subjected to at work. He then proceeds to make a mountain out of that. A normal person would simply quit and move to a city with better PD, or he would take a different job altogether.
Citation? That's not my understanding. Also, good luck proving to them that you didn't cross the border recently. Because that is the least of what they will demand. Then they will search you anyway. If you resist them in even the most subtle way you will be arrested. Are you under the impression that law enforcement in the US respects the law themselves? Well, they don't. They will do whatever they think they can get away with, which at least away from civilian witnesses, is pretty much anything up to and including murder.
Quite an experience to live in fear, isn't it? That's what it is to be a slave.
Our hearts and brains also use electricity.
Quite an experience to live in fear, isn't it? That's what it is to be a slave.
they tell FBI to leave the country
Mendacem Memorem Esse Oportet
You do understand that such action would be in response to abuse, not in anticipation of same, right? Right?
Even the American revolution didn't just fire up the first few times King George abused the colonists. It was a cumulative thing. Now, as to whether current events could reach such a crescendo of abuse as to actually inspire revolution... I doubt it. The average American today seems more intent on sitting in front of the television and chowing down some fast food. While the television in turn keeps them enthralled with nonsense about terrorism, saving the children, and whatnot. So I think it'll have to get quite a bit worse before anyone meaningful seriously contemplates violence.
The question seems to be, will it get worse, and just how bad would that be?
I've fallen off your lawn, and I can't get up.
OK so a lot of the posts here seem to be coming from the POV that the govt. has no *real* *good* reason to be doing this. It's an easy road to take, but is it right? How do we know when we don't know the nature of the threats we face? Entertain a thought experiment where actually, in reality, the world has come to the point that this law is necessary.
Imagine that it all just gets down to logisitics and time constraints of law enforcement facing off against the leverage bio-terrorism, nano-terrorism and computing power give the Bad Guys.
I am not claiming I know this to be true in reality, just asking you pretend, to be flexible and go there in your mind.
Probably, it's *going* to be true at some point in the future because offensive destructive capability always outpaces and out muscles defensive capability. Always. It's just easier to find a way to impose huge amounts of entropy on the world than to defend against that imposition. Think nuclear bombs. Think grey goo.
So pretend the shape of things to come has arrived. How can we geeks, leverage computers and technology to design a legislative/ judicial / law enforcement / social system so that we can do what we need to do to defend ourselves and still retain and even enhance our Fourth Amendment rights?
There has to be a way to defend not against a nuclear bomb but against losing what makes America America while it defends itself against a nuclear bomb, or looks for the plans for a suitcase nuke or bio-weapon or whatever on someone's computer.
There has to be a way to meet this challenge on the battlefield that *it* has chosen, where the war is *actually* taking place. What everyone 's complaints amount to a kind of griping about the battleground reality has chosen to fight on. You're *insisting* that the battle be fought *over here* on the territory you know well. That's just not the way war works. The enemy in this case is the reality of bio-terrorism and nano--terrorism and nuclear terrorism and ALSO the way that forces law enforcement's hand and ALSO what that in turn means to us. That's the battleground that reality has chosen; either you show up to the fight or you lose it.
All these arguments about the Fourth Amendment are a form of not showing up to the fight, of insisting the battle be fought on your familiar turf.
Science has taken us here, and now we are here. Reality is not going to unwind itself to preserve your idea of privacy or liberty or the Constitution or anything else. That means you have adapt to reality creatively if you want to preserve those things.
The terrorists know they have to dynamically adapt - nothing is EVER easy for them. The government knows it has to react effectively also. We're the sticks in the mud. We're the unchanging old farts who are dug in and refusing to acknowledge change. Our play in this, our imperative, is to conceive of a way to leverage technology in our affairs so that after we've done everything we need to do or can do to protect ourselves , we also can say -"Yes. I am satisfied and secure that I am protected against unreasonable search and seizure, invasion of my privacy and I *know* that my "papers" are not spied upon, the value they represent not stolen from me, or used against me in any way at all that could be characterized as "unfair" by the government. It can't be built on pure trust, on legislative fiat, because no one trusts that all people, current and future, will honor the law . It has to be built on some ground level facts about reality the way cryptography is built around some ground level facts about factoring numbers and multiplicative inverses. Trust and secrecy are bit players in public key crypto compared to what went on before with secret codes and messages. There has to be a way we can devise a system that gives law enforcement the latitude it knows or believes it needs and still unarguably preserves our way of life. We're just not being creative enough here.
We build lots of things all day long. The internet itself is so far away from anything even conceivable to our forefathers, it's effectively realized magic. There *has* to be a way we can build something that can achieve both these ends. We *have* to be that clever.
If a nuke were available, I've got no doubt that terrorists would have no trouble killing millions.
Why would they bother? Killing people is just the horrible means terrorists use to achieve their aims. The terrorists goals are usually to oppose the US' historical championing of freedom and democracy throughout the world. From what I see sitting well over 100 miles north of your border they don't need to bother anymore: if you can't support freedom and democracy in your own country you have zero credibility when you try to promote it to the rest of the world. The US might still be more free and more democratic than a lot of nations but to champion it you need a squeaky clean image not a "ho-hum and getting worse" one.
It'll be 200 miles the day after they find an illegal immigrant terrorist 200 miles inside the border.
It'll be 300 miles the day after they find an illegal immigrant terrorist 300 miles inside the border.
How about this... we democrats will say Obama is as bad as Bush on civil liberties, if you republicans say Bush is as bad as Obama.
I think we can all meet in that middle ground.
Deal?
Did you know that Iceland is the oldest democracy in existence? And, by the treatment received by bankers and politicians during the most recent financial crisis, it is the best performing democracy too.
Mexico: 100% conservative's America now!