"Is this the phone you use on a day to day basis"- felony if you lie.
18 U.S. Code § 1001 - Statements or entries generally
Current through Pub. L. 114-38. (See Public Laws for the current Congress.)
(a) Except as otherwise provided in this section, whoever, in any matter
within the jurisdiction of the executive, legislative, or judicial branch
of the Government of the United States, knowingly and willfully—
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to
contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years or, if
the offense involves international or domestic terrorism (as defined in
section 2331), imprisoned not more than 8 years, or both. If the matter
relates to an offense under chapter 109A, 109B, 110, or 117, or section
1591, then the term of imprisonment imposed under this section shall be
not more than 8 years."Oh, that broke off years ago. I just charge batteries in a separate charger now."
Option 2: If you're at the US border and a US citizen, "Sir, I'm an American citizen and just want want to get home" -- citizens can't be blocked from re-entering at the border.
Option 2, they can't stop you from entering but they can make you enter directly into a jail cell, or generally make your life miserable. See the owner of cock.li, who had all of his electronics seized twice.
Well, sort of. They have to let you in, but you can be held more or less indefinitely if you're suspected of committing a crime, or not complying with the border agent.
Define "blocked". Because Sidd Bikkannavar's recent experience tells a different story[0].
"The document given to Bikkannavar listed a series of consequences for failure to offer information that would allow CBP to copy the contents of the device. “I didn’t really want to explore all those consequences,” he says. “It mentioned detention and seizure.”"
[0] - http://www.theverge.com/2017/2/12/14583124/nasa-sidd-bikkann...
https://www.cbp.gov/sites/default/files/documents/inspection...
A few highlights:
You may be subject to an inspection for a variety of reasons, some of which include: [...] you have been selected for a random search."
You’re receiving this sheet because your electronic device(s) has been detained for further examination, which may include copying.
CBP may retain documents or information relating to immigration, customs, and other enforcement matters only if such retention is consistent with the privacy and data protection standards of the system in which such information is retained. Otherwise, if after reviewing the information, there exists no probable cause to seize it, CBP will not retain any copies.
Unfortunately ICE/CBP has policies [1] in place to require the phone's password that they believe are legitimate per 8 USC § 1357(a) (3). It's likely that only a court ruling weighing the policy regarding this statute against the bill of rights would make them change.
[1] https://www.dhs.gov/xlibrary/assets/ice_border_search_electr...