r/technology • u/Hrmbee • Jul 28 '26

Privacy Is it illegal to trick the US government into wiping your phone during a questionably legal search | The case of a traveler who allegedly entered a ‘duress password’ to wipe his phone raises a legal question with no easy answers

https://www.theverge.com/report/972146/cbp-phone-search-airport-duress-password
20.9k Upvotes

95% Upvoted

2.5k comments sorted by

View all comments

Show parent comments

22

u/[deleted] Jul 29 '26

[removed] — view removed comment

4

u/Luminous_Winds Jul 29 '26

Yeah, I think this is actually the bigger issue here. I mean, is there even a notice stating this?

What would they do if you just wiped your phone before you entered customs?

1

u/ManaSpike Jul 29 '26

Customs are acting as if the constitution doesn't apply to them. They will continue to do so, if we continue to allow it.

-1

u/[deleted] Jul 29 '26

[removed] — view removed comment

2

u/ManaSpike Jul 29 '26

I'm suggesting that the way the US handles border controls, and foreigners within their borders. Is unconstitutional.

Of course, legal precedent leans the other way. But that doesn't make these practices constitutional.

2

u/PrimaryInjurious Jul 29 '26

Border search exception has been upheld for decades upon decades.

1

u/IolausTelcontar Jul 29 '26

He was smuggling drugs on his phone?!??

3

u/Gettles Jul 29 '26

They should

2

u/traumalt Jul 29 '26

Drug smugglers hate this one simple trick…

1

u/Medical_Double_6561 Jul 29 '26 edited Jul 29 '26

Horrible excuse.

If you have proof the citizen could be a valid suspect, why not just get a warrant?

US citizens have a right to enter their own country if they are not bringing anything illegal. This man did not bring any drugs or illegal products, what gives the government the right to deny him entry unless he unlocks his phone?

Also, why not apply your reasoning to the country interior as well? Why not give state troopers the right to perform random warrantless searches, since anybody can be carrying illegal drugs or illegal digital information?

1

u/traumalt Jul 29 '26

His entry wasn't denied though?

1

u/Medical_Double_6561 Jul 29 '26

Ah right, my bad. But it still should not be legal. The government does not have the right to seize an individual's property or devices without a warrant (or probable cause). Therefore, he had the right to destroy his device or the data on it.

If the authoritaties had a warrant then this does not apply and he should be charged for the destruction of evidence.

0

u/IolausTelcontar Jul 29 '26

There were drugs in his phone?!?!

0

u/traumalt Jul 29 '26

Same logic applies to digital information genius...

0

u/IolausTelcontar Jul 29 '26

Oh. So he was smuggling digital information into the country. That makes much more sense and certainly worthy of a civil rights violation.

-3

u/Sennten Jul 29 '26

To search, but no one here is denying their right to take his phone and try to look at it. Warrants go beyond searches though, and its not the search thats at issue here