Are you < bleep > kidding me?
A warrantless search (and seizure) of a private device and its information? Even (to extreme) one held by a US citizen returning to the US?
Uh, how does that play in light of Amendment IV?
A warrantless search (and seizure) of a private device and its information? Even (to extreme) one held by a US citizen returning to the US?
Uh, how does that play in light of Amendment IV?
Link
Relevant info:
You’re receiving this sheet because your electronic device(s) has been detained for further
examination, which may include copying. You will receive a written receipt (Form 6051-D)
that details what item(s) are being detained, who at CBP will be your point of contact, and
the contact information (including telephone number) you provide to facilitate the return of
your property within a reasonable time upon completion of the examination.
The CBP officer who approved the detention will speak with you and explain the process,
and provide his or her name and contact telephone number if you have any concerns. Some
airport locations have dedicated Passenger Service Managers who are available in addition
to the onsite supervisor to address any concerns.
examination, which may include copying. You will receive a written receipt (Form 6051-D)
that details what item(s) are being detained, who at CBP will be your point of contact, and
the contact information (including telephone number) you provide to facilitate the return of
your property within a reasonable time upon completion of the examination.
The CBP officer who approved the detention will speak with you and explain the process,
and provide his or her name and contact telephone number if you have any concerns. Some
airport locations have dedicated Passenger Service Managers who are available in addition
to the onsite supervisor to address any concerns.
In conducting border searches, CBP officers strictly adhere to all constitutional and statutory
requirements, including those that are applicable to privileged, personal, or business confidential
information. For example, the Trade Secrets Act (18 U.S.C. § 1905) prohibits federal
employees from disclosing, without lawful authority, business confidential information to
which they obtain access as part of their official duties. Moreover, CBP has strict oversight
policies and procedures that implement these constitutional and statutory safeguards. Further
information on DHS and CBP privacy policy can be found at www.dhs.gov/privacy.
requirements, including those that are applicable to privileged, personal, or business confidential
information. For example, the Trade Secrets Act (18 U.S.C. § 1905) prohibits federal
employees from disclosing, without lawful authority, business confidential information to
which they obtain access as part of their official duties. Moreover, CBP has strict oversight
policies and procedures that implement these constitutional and statutory safeguards. Further
information on DHS and CBP privacy policy can be found at www.dhs.gov/privacy.
Privacy Act Statement
Pursuant to 5 U.S.C. § 552a (e)(3), this Privacy Act Statement serves to inform you of the following concerning the
possible collection of information from your electronic device.
AUTHORITY and PURPOSE: See above, Authority to Search.
ROUTINE USES: The subject information may be made available to other agencies for investigation and/or for
obtaining assistance relating to jurisdictional or subject matter expertise, or for translation, decryption, or other technical
assistance. This information may also be made available to assist in border security and intelligence activities,
domestic law enforcement and the enforcement of other crimes of a transnational nature, and shared with elements of
the federal government responsible for analyzing terrorist threat information.
CONSEQUENCES OF FAILURE TO PROVIDE INFORMATION: Collection of this information is mandatory at
the time that CBP or ICE seeks to copy information from the electronic device. Failure to provide information to assist
CBP or ICE in the copying of information from the electronic device may result in its detention and/or seizure.
Pursuant to 5 U.S.C. § 552a (e)(3), this Privacy Act Statement serves to inform you of the following concerning the
possible collection of information from your electronic device.
AUTHORITY and PURPOSE: See above, Authority to Search.
ROUTINE USES: The subject information may be made available to other agencies for investigation and/or for
obtaining assistance relating to jurisdictional or subject matter expertise, or for translation, decryption, or other technical
assistance. This information may also be made available to assist in border security and intelligence activities,
domestic law enforcement and the enforcement of other crimes of a transnational nature, and shared with elements of
the federal government responsible for analyzing terrorist threat information.
CONSEQUENCES OF FAILURE TO PROVIDE INFORMATION: Collection of this information is mandatory at
the time that CBP or ICE seeks to copy information from the electronic device. Failure to provide information to assist
CBP or ICE in the copying of information from the electronic device may result in its detention and/or seizure.
Comment