It's a fairly shallow point that ignores how laws work.
The premise that the law doesn't apply because you're not in the country is false. The constitution applies generally everywhere to all Americans, it's just that what's regarded as reasonable differs during a border search. IANAL, so just my lay opinion on this. Just to validate this, it's only because the constitution exists that the border authorities have any legal basis in doing inspections.
But in general, the thing to note here is that the 4th amendment is always applicable and in force. It's how it's interpreted that changes depending on the circumstance.
It doesn’t matter where he was when he deleted the data. He could be in China, it’s still a crime in the us to destroy evidence wanted by American authorities.
It's a fairly shallow point that ignores how laws work.
The premise that the law doesn't apply because you're not in the country is false. The constitution applies generally everywhere to all Americans, it's just that what's regarded as reasonable differs during a border search. IANAL, so just my lay opinion on this. Just to validate this, it's only because the constitution exists that the border authorities have any legal basis in doing inspections.
Huh, that is inconsistent. The problem with your comment is noted right here: https://news.ycombinator.com/item?id=49390318
Not really - the government have stated that he's in the US. It's the first sentence of the indictment. [1]
> On or about January 24, 2025, in the Northern District of Georgia...
[1]: https://storage.courtlistener.com/recap/gov.uscourts.gand.35...
But in general, the thing to note here is that the 4th amendment is always applicable and in force. It's how it's interpreted that changes depending on the circumstance.
It doesn’t matter where he was when he deleted the data. He could be in China, it’s still a crime in the us to destroy evidence wanted by American authorities.
You're speaking nonsense since there was no charge or warrant against him. People are free to use their phone for f sake.
Law enforcement doesn’t need a warrant to search phones at the border. I agree this is a terrible rule but it is the rule right now.
2 replies →