An immigration officer also cannot search you or your belongings without either “probable cause” or your consent. If an agent asks you if they can search your belongings, you have the right to say no.
That Probable Cause standard requires a reasonable and articulable suspicion of wrong doing to exist too. Merely crossing a boarder alone doesn’t give rise to that.
You guys are looking at the wrong thing. Airports have their own set of bullshit rules. According to the government choosing to fly automatically implies consent to be searched. Domestic flights have more protections, but international flights basically wave your right to privacy under the 4th.
They only require explicit consent or probable cause if they want to do an advanced or forensic search of your phone. You can deny the search if you’re a citizen, but if you choose that option they can take your phone into custody for several weeks to attempt to crack it if they choose to do so.
They can’t search your property without a warrant, probable cause, or your permission.
https://www.aclu.org/know-your-rights/border-zone
That Probable Cause standard requires a reasonable and articulable suspicion of wrong doing to exist too. Merely crossing a boarder alone doesn’t give rise to that.
Of course they just deny you entry at that point…
They can’t deny a US citizen entry to the US.
I doubt it would be grounds for turning away a legal visitor, though you would have to have a way to challenge it.
You are sorely misinformed on both counts…
You think they can deny a US citizen entry into the US?
I think what is legal and what this administration does (and gets away with) are two very different things.
So they’ve been denying citizens entry? Source?
You guys are looking at the wrong thing. Airports have their own set of bullshit rules. According to the government choosing to fly automatically implies consent to be searched. Domestic flights have more protections, but international flights basically wave your right to privacy under the 4th.
They only require explicit consent or probable cause if they want to do an advanced or forensic search of your phone. You can deny the search if you’re a citizen, but if you choose that option they can take your phone into custody for several weeks to attempt to crack it if they choose to do so.
We’re also talking about the 100 mile border zone though, not just airports. As you say, airports have different rules that allow searches.
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