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Comment Re: You cannot destroy data, harmless or not ... (Score 4, Insightful) 326

No part of your statements says that DHS obtained a warrant to search and seize his phone. This where DHS is using SchrÃdinger's reasoning: According to DHS, they do not need a warrant because the search was "random" and he was not under any investigation. Yet they told Customs to look for certain things because he was under investigation and he was targeted for a search at the border. It turns out they lied and the search was not random. Such a search requires a warrant. Therefore the search was illegal.

Comment Re: anyone can be searched on entry (Score 5, Informative) 326

Your person and luggage can be searched without a warrant; however, seizure is limited to specific things. Contraband, food, etc. There are conflicting federal court rulings as to whether devices can be searched without a warrant. In this case, DHS was arguing that they did not need a warrant because Turnick was not under investigation yet they knew to search him because he was under investigation.

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