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BananaShoes

Do I Have To Comply With Phone Search As a Permanent Resident

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That Netflix show on border patrol - one guy was asking about a lawyer to represent him (brought a bunch of counterfeit bags into country with a layover of couple days in Chicago). Confiscated. They later said only USCs could get a lawyer. 


ROC 2009
Naturalization 2010

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Refusing to provide the phone will certainly cause CBP to dig deeper........and make your life more miserable.......and it will be annotated on your record.

Edited by Crazy Cat

"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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15 minutes ago, SteveInBostonI130 said:

This is not very constructive and does not answer the OP's question.

 

Doctors and lawyers may have confidential client information.  Corporate employees may have confidential emails.  Or it could just be a matter of privacy, like discussing medical conditions with close family.

 

@BananaShoes, from what I've read, yes, you can refuse to give CBP access to your phone/laptop. But you can be detained for a while and CBP will give you a hard time.  You can request a lawyer, but, unlike US police and courts, CBP is not obligated to provide you one.  And if you are not a USC or LPR, you can be refused entry.

 

 

So as a LPR, they cannot refuse my entry? And worst case scenario is they detain me for several hours and eventually let me in?

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2 minutes ago, BananaShoes said:

So as a LPR, they cannot refuse my entry? And worst case scenario is they detain me for several hours and eventually let me in?

I wouldn't limit it to several hours......... I doubt that jail would be a fun experience.   You could end up in serious trouble if they find anything.  As I said, you will certainly be flagged.

Edited by Crazy Cat

"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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5 minutes ago, BananaShoes said:

I shouldn't need a reason to refuse the government's meddling with my personal and private data.

 

If they think they have a good reason to suspect me in any way, which they shouldn't, they can get a warrant. At least that's how it should be done, and I understand that at the border there might be different laws and authorities given, so that's why I am here asking.

What you think is irrelevant.  Did you even read what the courts said?  "The court reasoned that both advanced and basic searches are permissible without a search warrant (which, as noted earlier, is generally required by the Fourth Amendment) since these searches fall within the “border search exception.” This exception is based on the idea that the government has an “inherent authority to protect, and a paramount interest in protecting, its territorial integrity.”

The courts say they do not need a warrant.

You are outside the US until admitted......rules are different.

Edited by Crazy Cat

"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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1 minute ago, Crazy Cat said:

Did you even read what the courts said?  "The court reasoned that both advanced and basic searches are permissible without a search warrant (which, as noted earlier, is generally required by the Fourth Amendment) since these searches fall within the “border search exception.” This exception is based on the idea that the government has an “inherent authority to protect, and a paramount interest in protecting, its territorial integrity.”

The courts say they do not need a warrant.

 

I did read. I am just explaining where I originally came from to someone who asked.

 

Edited by BananaShoes

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1 minute ago, BananaShoes said:

 

I did read. I am just explaining where I originally came from to someone who asked.

 

I guess it boils down to how long a person wants to fight CBP.....and how willing he/she is to suffer the consequences.  In the end, the person would, likely, face heavy scrutiny on every entry in the future.  At least, that's how I see it


"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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