Calling All Internet Lawyers... (Read 1799 times)

Flapp_Jackson

Calling All Internet Lawyers...
« on: February 12, 2021, 05:21:08 PM »
The Constitution provides 4th Amendment protection against illegal searches and seizures.  There must be probable cause and suspicion that a crime is being or has been committed.

Where is that protection not provided by the government within the US?

Answer:  100 miles from any border -- 100 miles inside the US from the Pacific Coast, from the Atlantic Coast, from the Mexican and Canadian borders, 100 miles within the borders of Alaska, and the ENTIRE STATE OF HAWAII.

Within those buffer zones, the Customs and Border Protection agencies are permitted to force you to let them inspect your phone, your computers, etc.

"Roughly two-thirds of the United States' population lives within the 100-mile zone—that is, within 100 miles of a U.S. land or coastal border. That's about 200 million people."

"Federal border agents are stopping, interrogating, and searching Americans on an everyday basis with absolutely no suspicion of wrongdoing, and often in ways that our Constitution does not permit."

https://www.aclu.org/other/constitution-100-mile-border-zone

So, if HPD or the FBI wants to get your phone or laptop and clone them for an investigation, what's stopping them from doing it through Customs and Border Protection?  No warrant, no probable cause.  Just a 1953 law that lets certain agencies operated outside the Constitution.
"How can you diagnose someone with an obsessive-compulsive disorder
and then act as though I had some choice about barging in?"
-- Melvin Udall

omnigun

Re: Calling All Internet Lawyers...
« Reply #1 on: February 12, 2021, 06:06:36 PM »
Interesting never heard of this applying to Hawaii.   Encrypt everything. 

robtmc

Re: Calling All Internet Lawyers...
« Reply #2 on: February 12, 2021, 06:19:12 PM »
.

changemyoil66

Re: Calling All Internet Lawyers...
« Reply #3 on: February 12, 2021, 07:07:22 PM »
..

Sent from my SM-G950U using Tapatalk

Flapp_Jackson

Re: Calling All Internet Lawyers...
« Reply #4 on: February 12, 2021, 07:09:37 PM »
Your Phone is Now Fair Game for Border Agents   :shake:

"How can you diagnose someone with an obsessive-compulsive disorder
and then act as though I had some choice about barging in?"
-- Melvin Udall

eyeeatingfish

Re: Calling All Internet Lawyers...
« Reply #5 on: February 12, 2021, 08:02:02 PM »
Interesting never heard of this applying to Hawaii.   Encrypt everything.

Whens the last time you saw border patrol driving around here?

eyeeatingfish

Re: Calling All Internet Lawyers...
« Reply #6 on: February 12, 2021, 08:05:08 PM »
The Constitution provides 4th Amendment protection against illegal searches and seizures.  There must be probable cause and suspicion that a crime is being or has been committed.

Where is that protection not provided by the government within the US?

Answer:  100 miles from any border -- 100 miles inside the US from the Pacific Coast, from the Atlantic Coast, from the Mexican and Canadian borders, 100 miles within the borders of Alaska, and the ENTIRE STATE OF HAWAII.

Within those buffer zones, the Customs and Border Protection agencies are permitted to force you to let them inspect your phone, your computers, etc.

"Roughly two-thirds of the United States' population lives within the 100-mile zone—that is, within 100 miles of a U.S. land or coastal border. That's about 200 million people."

"Federal border agents are stopping, interrogating, and searching Americans on an everyday basis with absolutely no suspicion of wrongdoing, and often in ways that our Constitution does not permit."

https://www.aclu.org/other/constitution-100-mile-border-zone

So, if HPD or the FBI wants to get your phone or laptop and clone them for an investigation, what's stopping them from doing it through Customs and Border Protection?  No warrant, no probable cause.  Just a 1953 law that lets certain agencies operated outside the Constitution.

Are my eyes deceiving me? Did Flapp just cite the ACLU?

But seriously, I can't fathom how such a thing could withstand the constitutional test. Has it not yet made it to the SCOTUS? This is very interesting.

I do know that the feds and some states don't consider your vehicle to be part of your property that is protected from search.

robtmc

Re: Calling All Internet Lawyers...
« Reply #7 on: February 12, 2021, 08:05:40 PM »
.

RSN172

Re: Calling All Internet Lawyers...
« Reply #8 on: February 12, 2021, 08:07:48 PM »
We no need worry because none of us does anything illegal.

omnigun

Re: Calling All Internet Lawyers...
« Reply #9 on: February 12, 2021, 08:26:41 PM »
Whens the last time you saw border patrol driving around here?

That's true,  I don't recall ever seeing one.  But encrypt everything regardless.

bass monkey

Re: Calling All Internet Lawyers...
« Reply #10 on: February 12, 2021, 08:32:35 PM »
They are at the airport,  you know when international arrivals have to go through Customs. 

They are also at the main post office,  inspecting mail.

Those are the obvious ones, so they are obviously around.

hvybarrels

Re: Calling All Internet Lawyers...
« Reply #11 on: February 13, 2021, 06:02:57 AM »
Kind of ironic now that our official immigration policy is "Let Em All In!"
“Wars happen when the government tells you who the enemy is. Revolutions happen when you figure it out for yourselves.”

groveler

Re: Calling All Internet Lawyers...
« Reply #12 on: February 13, 2021, 08:34:44 AM »
This is Hawaii.  Run by Democrats.
If you have any expectation of privacy or
personal freedoms you are in the wrong place.

drck1000

Re: Calling All Internet Lawyers...
« Reply #13 on: February 13, 2021, 08:43:44 AM »
Whens the last time you saw border patrol driving around here?
That might be because they are Customs and Border Protection.  8)

And yeah, I see them driving around all the time, but mostly because I work near the airport and drive home past the Fed courthouse. 

One of their K9 units used to get coffee where I got coffee in the morning, but that was before COVID. 

changemyoil66

Re: Calling All Internet Lawyers...
« Reply #14 on: February 13, 2021, 09:44:50 AM »
Ive seen them when coming in from Taiwan.  1 evens lives on my condo.

Sent from my SM-G950U using Tapatalk

Kuleana

Re: Calling All Internet Lawyers...
« Reply #15 on: February 13, 2021, 09:50:22 AM »
Kind of ironic now that our official immigration policy is "Let Em All In!"
You have to remember that all empires generally have an open door policy.  This is because to prevent any particular group, in the empire, from gaining too much power and challenge the ruling elite.  Hence, by diluting your subject citizens, by race, ethnicity, language, culture, income, ideology, etc., the power okole can effectively utilize "divide et impera" to ensure their political longevity.

In contrast, most republics tend to not have a liberal open door policy, in order to not dilute their homogenous population and suffer the domestic pitfalls and limited lifespans of empire.