this post was submitted on 23 Jul 2026
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166
The 4th Circuit Says Border Agents Can Search Your Phone By Hand, No Suspicion Required (www.eff.org)
submitted 1 month ago by beep@piefed.world to c/technology@lemmy.world
19 comments fedilink hide all child comments
 

cross-posted from: https://piefed.world/c/tech/p/1281688/the-fourth-circuit-says-border-agents-can-search-your-phone-by-hand-no-suspicion-require

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[–] kylian0087@lemmy.dbzer0.com 33 points 1 month ago (5 children)

Oke, but am I required to give my password? Also is it "illegal" to give a duress pin if asked?

[–] Carmakazi@piefed.social 25 points 1 month ago* (last edited 1 month ago) (1 children)

You'll almost certainly get charged with "disposing of evidence" or broadly "obstruction" if you give them a duress pin that scrambles your phone. Maybe get smacked around a bit because you injured their authority over you.

[–] fyzzlefry@retrolemmy.com 6 points 4 weeks ago

Eh I heal. So far.

[–] dogslayeggs@lemmy.world 7 points 1 month ago (1 children)

This ruling doesn't get into that question. Based on how courts treat refusing to take a breathalyzer, I'm guessing it opens you up to being detained for 24 hours on suspicion of a crime, giving them time to obtain a warrant. A different write-up says that if you do not give a password, they can detain your device and make you wait; but you are not required to give up the password. No other write-ups I can find mention the password issue.

I know previous rulings have said that Face Unlock does NOT count as forcing your password and is allowed by police in searches. When I go on international trips, I disable Face Unlock on my work phone before going to the airports to block that pathway since my phone contains company proprietary information and Controlled Unclassified Information (CUI). I have nothing embarrassing or illegal or incriminating on my personal phone, so I usually don't bother.

[–] ozymandias117@lemmy.world 5 points 4 weeks ago

Same for fingerprint unlock

[–] ITGuyLevi@programming.dev 4 points 4 weeks ago

I believe a duress PIN is still a PIN, if they don't specify which they want, and then they enter it, they'd be hard pressed to actually charge you with obstruction.

I'm not a lawyer but I've been told never to give my PIN out.

[–] forgetfulmeat@lemmy.world 3 points 4 weeks ago

The one time cops tried to search my phone (local police not border patrol) I wouldn't give my pin. They eventually gave it back but they wiped my phone.