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dickandlois

Rights Under The Law

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I can maybe see that the border agents could deny entry to somebody who refuses to disclose the requested information, whether on their phone or elsewhere, but to arrest him for interfering? Seems extreme and perhaps there is more to the story.

I'm sure Canadians - and US citizens - are regularly crossing the border with their smart phones. Is this request standard practice?

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Gary, The same issue came up on the US side and the court decided, the 5th amendment protects the person from unlawful search of personal information-unless there are extenuating circumstances and that would require a search warrant.

Think Canada is testing how far they can push the issue on there side of the border.

Rich.

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Yeah, I'm aware of the US court decision. But I don't think that means that a US border agent could not refuse entry to the country if you would not give permission to view the phone's content. Just like they can refuse entry if you do not give permission to search your vehicle. You have the right to deny the search but you have to turn around and not cross the border either.

It's analogous to the security searches at an airport. You have to voluntarily submit to the search if you want to get on the plane.

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