Slashdot Mirror


Woman Sues US Border Agents Over Seized iPhone (bbc.com)

An American woman who had her phone seized by border agents as she returned home to the United States is suing the country's border protection agency. Bob the Super Hamste shares a report: Rejhane Lazoja was stopped at Newark airport, New Jersey, after returning from a trip to Switzerland in February. Her iPhone was seized by agents after she refused to unlock it for them. The lawsuit alleges that border agents took a copy of the data on her smartphone and failed to say whether it had been deleted. According to legal documents, US Customs and Border Protection (CBP) kept the phone for more than 120 days before returning it to Ms Lazoja, who is a Muslim woman and wears a hijab. [...] "Neither was there probable cause, nor a warrant [to search the phone]. Therefore, the search and seizure of Ms Lazoja's property violated her rights under the Fourth Amendment," the filing says.

5 of 277 comments (clear)

  1. Re:but these are border guards by thaylin · · Score: 3, Informative

    The constitutionality of it has not actually been upheld. All that is upheld is you have *less* rights to the right of privacy at the border.

    --
    When you cant win, ad hominem.
  2. Re:but these are border guards by mi · · Score: 4, Informative

    Americans have the right to be free from unreasonable search and seizure in the 4th amendment

    "Unreasonable" is a giant loophole, however, you can march a brigade of goons through it... See Border Search Exception...

    --
    In Soviet Washington the swamp drains you.
  3. Re:but these are border guards by Dru+Nemeton · · Score: 4, Informative

    That would seem to be incorrect: Border Search Exception.

  4. Re:meh by GrumpySteen · · Score: 4, Informative

    her lawyer should have told her that the border agents have that authority... as bad as it sounds...

    That's debatable. Customs and Border Protection decided for themselves that they had the authority to search cell phones without a warrant, but that's being challenged in court.

    The judge brought up the the similarity to a 2014 case where the Supreme Court held that police have to obtain a warrant to search a cellphone and refused to dismiss the case, so there's a reasonable chance of justice prevailing.

  5. Re:They don't need cause to search you by StormReaver · · Score: 3, Informative

    If you didn't support Clinton's impeachment and support Trumps, you are a piece of shit.

    Clinton's impeachment was over an affair he had, and was a political witch hunt. A Trump impeachment would be over many campaign finance law violations and (possibly) election law violations.

    The latter impeachment would be far more justified than the former.