Reply to US citizen and his wife detained without explanation after returning from Canada

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]It sounds like what happened isn’t quite clear with these people. I’ll hold off on making any comments about the case.

I think everyone should take a few moments to learn about your rights when you’re crossing a border. They are not the same as when you’re in the US. If you are going to be traveling internationally, the easiest thing to do is to [b]bring a burner phone[/b]. [/quote]

I think that's a great idea but for most of us, who have smartphones with all our info, a burner phone won't replace a smartphone. I'm not aware of any smartphones that are as cheap as a burner cell phone. Does anyone have more info on this?[/quote]

I kept my old phone and turned it into a burner phone. It's an iphone. I got a second account with a different company. I use a card and refill it every few months. It doesn't have my name on it. I don't know how useful it would be to use when traveling though, since it doesn't have any of my contacts on it.  I got it to keep as an emergency phone. I had to use it recently when my phone died. But I'm thinking it might be a better phone to take with me when traveling. I'm still thinking about it. I'm leaving the country in a few weeks. [/quote]

Yeah no more traveling with you real phone....good times right MAGA you voted for this..... we know you all love your freedoms :roll: [/quote]

This isn't MAGA, though. CBP has always had this kind of power. It's just that they didn't exercise it as frequently when Trump wasn't in power. Probably because he wasn't breathing down their necks to get rid of the brown people. CBP does not need warrants and if you refuse, they just take your phone/ipad/laptop and image it anyway. CBP uses both Cellebrite and GreyKey on mobile devices.

Cellebrite can't crack passcodes on iOS running 17.5.1 or later. GreyKey can get partial access on the latest iOS. CBP has the $30,000 unlimited-use licenses of GreyKey. But anyway, once your phone is imaged by the software, that image is stored for something like 15-20 years by CBP.

The larger your phone is, the longer the imaging process will take. I just imaged a 512GB iPhone 14 with over 230,000 SMS. It was running for 31 hours. If they're going to take the phones and image them, might as well use burner phones with smaller data footprints to shorten the process and get out of there faster. There is no technical time limit on how long CBP can detain a US citizen. There is no law that says CBP only has 48 hours to hold you. Keep that in mind. That's why all these stories about US citizens being detained for 7-10 days are starting to trickle out.

The border is pretty much lawless. You have few rights. The only thing that CBP cannot do is refuse entry to a US citizen. They can take your phone/tablet/laptop and send you on your way or they can take your devices and hold you until they're done with them. It's their call. CBP also does not have to allow you to make any phone calls, like to a lawyer. [/quote]

Can CBP do any or all of the above with no suspicion of any illegal activity? 
Eg they just don’t like the way you look or talk.

Please post links to support your statements.
[/quote]

DP, but here is an interesting article from the ACLU: - https://www.aclu.org/news/privacy-technology/can-border-agents-search-your-electronic

The article contains a link to CBP Directive 3340-049[/quote]

This article does a good job at explaining the different levels of searches permitted and what CBP can and cannot do at each level.

https://www.lawfirm4immigrants.com/can-border-patrol-go-through-my-cell-phone-what-you-need-to-know-about-u-s-border-searches-of-electronic-devices/

Key takeaways: 
Types of searched: basic & advanced.
-With a basic search, no software is used to look at your phone/laptop/tablet. CBP officers request you unlock the device, and they manually look through your apps. They can't make you sign into any apps, but they can review the data in any app in which you're already signed in. If you refuse, they will confiscate your phone or whatever device. The basic search does not require CBP to have any kind of reasonable suspicion to conduct.

-With an advanced search, CBP officers use software to copy and analyze the data on your phone. This search type requires reasonable suspicion. This type of search does not require a warrant. Data collected during an advanced search is stored in the ATS-automated targeting system for 15 years. Data collected by CBP is shared with DHS/ICE/TSA, FBI, TSA, other governments, and SMEEs.

Who Is Being Targeted for Device Searches?
CBP officers have broad discretion. Travelers are usually flagged for secondary inspection if:

There’s suspicion of visa misuse (e.g., working while on a tourist visa)
They’ve traveled to countries of concern (e.g. Lebanon, Syria, Iran, Venezuela)
They have inconsistent answers or suspicious behavior
[b]Political activism or protest participation[/b]
[b]Social media posts criticizing U.S. policy or leaders[/b]
Suspicion of unauthorized work (e.g. freelance gigs on a tourist visa)
They’ve been flagged before, increasing the chance of repeated inspections

I found those 2 bolded incredibly interesting.

Things to remember
1. CBP has broader authority than "normal" police
2. No warrants are needed
3. US citizens can't be denied entry back into the US, even if you won't unlock your phone. They will take your phone, but you cannot be denied entry. Anyone with a Visa CAN be denied entry into the US. So valid US Visa holders can be denied entry. [/quote]

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