I'm afraid to leave the country precisely because I worry about difficulties upon return. I understand that as a citizen I can't be denied reentry, but I also understand they can make the process extremely difficult or uncomfortable if they want to and I have little or no recourse.
They can still make your life very difficult. They could throw you in jail for "obstructing investigation" or something similar.
Not in US, but had my phone seized by authorities and was asked to unlock it. I'm walking free, but I think what really saved me is that I genuinely complied with investigation and the only place where I drew the line was me giving away my password.
If I used my right to remain silent AND not give away the password, I'd probably be charged with something. I'm sure its very similar in many countries, including US.
It's extremely unlikely they'd jail me for obstruction. They wouldn't have a legal leg to stand on and they know it.
From CBP themselves:
"If a traveler being admitted as a U.S. citizen does not present their device in a condition that allows for examination, the U.S. citizen traveler will not be denied entry into the United States based on CBP’s inability to complete an inspection of their device. However, as noted above, their device may be subject to exclusion, detention, or other appropriate action or disposition."
Worst case would be losing the phone, which is a tradeoff I'm willing to make.
They can ask, yes. And I can refuse. They can’t detain me more than temporarily, and they can’t prevent me from entering the country.
I'm afraid to leave the country precisely because I worry about difficulties upon return. I understand that as a citizen I can't be denied reentry, but I also understand they can make the process extremely difficult or uncomfortable if they want to and I have little or no recourse.
They can still make your life very difficult. They could throw you in jail for "obstructing investigation" or something similar.
Not in US, but had my phone seized by authorities and was asked to unlock it. I'm walking free, but I think what really saved me is that I genuinely complied with investigation and the only place where I drew the line was me giving away my password.
If I used my right to remain silent AND not give away the password, I'd probably be charged with something. I'm sure its very similar in many countries, including US.
It's extremely unlikely they'd jail me for obstruction. They wouldn't have a legal leg to stand on and they know it.
From CBP themselves:
"If a traveler being admitted as a U.S. citizen does not present their device in a condition that allows for examination, the U.S. citizen traveler will not be denied entry into the United States based on CBP’s inability to complete an inspection of their device. However, as noted above, their device may be subject to exclusion, detention, or other appropriate action or disposition."
Worst case would be losing the phone, which is a tradeoff I'm willing to make.
1 reply →