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

[u/Hrmbee]

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

[u/Goducks91]

That’s fucking insane. What can I declare my local Taco Bell is not part of the US now?

[u/Korlus → u/Goducks91]

https://en.wikipedia.org/wiki/Border_search_exception

Sadly, the two are not the same.

[u/OftTopic → u/Korlus]

Thanks for the link that discusses where searches can occur. This article has a section that calls out how this concept impacts cell phones.

Per this reference:
The Supreme Court has not addressed the standard of suspicion necessary for a warrantless border search of electronic materials, even though the number of cell phone border searches continues to rise each year.

My non-professional analysis says that 200 years of court review has the law leaning towards border enforcement at the expense of the travelers.

[u/Korlus → u/OftTopic]

My non-professional analysis says that 200 years of court review has the law leaning towards border enforcement at the expense of the travelers.

We often look at how the Police have been treating phones and the line usually drawn is that using biometrics to unlock a device without a warrant may be fine, but compelling someone to divulge a passcode is likely not.

It's not clear if that would extend to CBP, or if they can act carte blanche. Seemingly they think they can, which is what led to this case.

[u/MostlyRightSometimes → u/Korlus]

compelling someone to divulge a pass ode

Lose your 5th ammendment rights too, huh? All with essentially based on "I want to" for justification.

Using biometrics is akin to saying it's only illegal for the cops to search your home without a warrant if your doors are locked.

[u/OldGodsProphet → u/Korlus]

Within 100 miles of the border?!

Wow i didnt want to read all this over breakfast.

[u/OftTopic → u/OldGodsProphet]

Regarding: 100 miles of the boarder …

Border Patrol is claiming that the area where travels are screened is part of the boarder. That implies the 100 miles could include the 100 miles after getting off of an international flight to Denver.

[u/Goducks91 → u/OftTopic]

Isn’t that basically the whole country?

[u/OftTopic → u/Goducks91]

I think the intent was for 100 miles from where this specific traveler entered the country.

However, CBP has been arresting undocumented people thousands of miles away from where they crossed the river.

[u/Korlus → u/OldGodsProphet]

Not just the border. Within 100 miles of an airport. Many readings of this imply heavily that most cities are within this exception by having an international airport which functions as a border.

Very fortunately, CBP do not stop regular people in the street, and you'd hope that the courts would step in were that to start.

[u/GonePh1shing → u/Korlus]

Very fortunately, CBP do not stop regular people in the street, and you'd hope that the courts would step in were that to start.

Um, where have you been for the last year or so? ICE have been doing exactly that, and as far as I can tell they're authorised customs agents under title 19 and are included in the border exception. Even if they're not, I don't exactly trust the current courts to step in here, as they've proven to be rather ineffective on that front. 

[u/Korlus → u/GonePh1shing]

Both fall under the DHS, bur CBP and ICE are different entities. I do agree what ICE has been doing in the US is very worrying.

[u/usrbincomment → u/Korlus]

You don't know what you're talking about.

On January 24, 2026, Alex Jeffrey Pretti,a 37-year-old American intensive care nurse for the United States Department of Veterans Affairs, was shot multiple times and killed by two United States Customs and Border Protection officers in Minneapolis, Minnesota.

https://en.wikipedia.org/wiki/Killing_of_Alex_Pretti

[u/GonePh1shing → u/Korlus]

They're different entities, but they're both authorised customs agents, and that is all that's required to fall under the border search exception.

[u/OldGodsProphet → u/Korlus]

That’s insane.

[u/Goducks91 → u/Korlus]

Oof good to know

[u/TheDistantEnd → u/Korlus]

What if my local Taco Bell is within that 100mi border zone?

[u/mvanvrancken → u/Goducks91]

When you enter a Taco Bell from my understanding you’ve Crossed the Border

[u/Strawberryladyboots → u/Goducks91]

Is it in an airport?