Comment by insane_dreamer
7 hours ago
right, there's a contradiction here:
- if you're deemed to be on US soil, constitutional protections (4A) apply; can't be destroying "evidence" unless you're accused of a crime or found to have committed a crime
- if you're deemed _not_ yet on US soil, then how can you be charged with a crime under _US_ law?
The US views that US law applies worldwide. There is no requirement that you be anywhere near the US to be under US jurisdiction for an alleged offense against the US, according to the US.
Also, that constitutional protections are suspended within 100 miles of a land, sea, or air border.
Not sure why you're getting downvoted, since your statement is true:
https://www.congress.gov/crs-product/RS22497
Although obviously not all US laws apply and enforcement is a whole other kettle of fish.
where's that in the Constitution?
4A still doesn't permit you to destroy the evidence. Resist on 4A grounds, destroy the evidence, 4A reasons get overturned - you've got yourself a conviction. US v. Akram Musleh.
in practice you're right, but it's hard to see how that squares with the 4A.
an officer can't stop me on the street and demand to see the contents of my phone -- unless they can show "probable cause" that I was about to commit a crime (based on other evidence), or I'm already named as a suspect or POI in an investigation. So if they ask to see the contents of my phone and I delete it instead (it's a very small bag in this example, Lol) am I obstructing an investigation?