This is eye-opening! I did not realize the extent to which our privacy could be invaded at airports. Thanks for breaking down the complexities of warrantless cell phone seizures and giving actionable advice on how we can protect ourselves. Definitely sharing this with my friends and family!
They don’t need to seize your phone from you, you should look up a program called Pegasus. Your entire phone can be downloaded replicated and redirected to a virtual clone on a desktop pc. What this law firm is dealing with are the lowest part of the information food chain: local law enforcement.
@@user-yq3fz9ch5q I was on vacation in Arizona I wanted to take I8 East until I found out they had border checks along this interstate highway. So I avoided it . Not that I had anything to hide I just didn't want random people going into my RV "My Home" illegally without a warrant and holding me up while I protested against it. And possibly needing a lawyer to protect my rights
Well, things have indeed changed since mobile phone access meant and consisted of having the proper coinage to use the pay phones along your travel route (1995 or earlier) - no custom official scrutinized your pocket change very much. And other digital devices more or less as available for meaningful search or seizure.
TSA wanted to search my phone after their frisk search. I said "I do not consent" they said I would miss my flight. I asked why I was being bullied, loud enough to draw attention. I stated I was a Veteran and I did not sign up to protect a nation that treats it's citizens like property. Oh, I was loud. Not belligerent, but enough to get people with cell phone to start a video. As soon as I said," Please do take a video," TSA let me by.
It really concerns me when an attorney says that the government has rights. People have rights. Government does not have rights. Government has powers, not rights!
@@Packetloss277those rights are inherent; yes, they were set by people who became part of the government, but they had run from tyranny to have a free life. And because of that, they set up a foundation and structure for our rights. That's why they are inalienable rights.
@@ssaraccoii Thank you for pointing this out. I have amended my original statement accordingly. My point still remains. Attorneys talk about government rights. Shouldn't those scholars of the law know better?
Yeah but if you need the info in your phone and don’t have it….or bring a tablet instead and that gets searched instead, etc. frequent travelers are more often than not for business purposes so having digital devices with information is common.
TSA Agent: "Sir we have selected you for an enhanced search." Me: "Sure, so you want to inconvenience me? I have no problem being the most uncooperative and rudest person in existence." Consent to nothing and refuse everything. Also stop using biometrics to unlock your phone, use a password.
When you get to court or sue bring criminal felony charges against the DA/prosecutor and all officers/agents involved in violation of Title 18 U.S.C. section §241 conspiracy against rights, Title 18 U.S.C. section §242 deprivation of rights under color of law,if they had no legal lawful valid search warrant, for conspiring against and depriving you of your supremacy clause, article 4 section 2 paragraph 1,4th amendment warrant clause,10th amendment nor prohibited by it to the states clause,14th amendment section 1 no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the united states clause rights combined. Use fruit of the poisonous tree and exclusionary rule to have all their evidence they illegally obtained thrown out of the court.
Don't be rude, be aggressively flirtatious. Pick someone of the same sex, preferably the one with the bald head and sleeve tattos, and just lay into them thick. Tell them their eyes are the most beautiful you've ever seen. Tell them they have the most luscious lips in existence. If they walk away, tell them they have the best butt since JLo. Tell them exactly what you want to do to their butt in the most graphic terms you can. It's so much more fun simply than being rude. 😂
@@williamelewis464, I use the pass-pattern and fingerprint. After the 5 time of the wrong finger the automatically locks out fingerprint reader. Then the correct pass-pattern will have to be entered. If not entered correctly you'll have to wait a specific time which gets longer each time until the phone will factory reset itself.
Here's one solution - have a travel phone (a burner phone) when traveling via the airports or overseas. Leave your main phone at home, connected to your wifi. There are apps that allow you to screen share your phone and control it remotely. Set that up before leaving - make sure it works. On the burner phone, delete the remote control phone app before going through the airport coming and going. Re-install it on the other side. At least if they seize your phone, they don't have your main phone.
A friend of mine was flying back into Denver after the Paris Olympics. He had a Homeland Officer ask for his phone. He told them politely, no thank you. HSI proceeded to take him to an interrogation room for further questioning. While in the room alone, he attempted to call his lawyer. The Homeland security people turned on a phone jammer to interrupt the call. His lawyer had heard enough to understand what was going on. He hurried out to Denver International Airport and was denied his right to see his client. The lawyer immediately called a federal judge he knew and got his client released from custody. Unfortunately the TSA IMMEDIATELY put my friend on the no-fly list. No he is trying to get that resolved.
I heard there was no way off the no-fly list. Also, how does someone who is not wealthy afford the legal representation to confront such things? Using a burner phone for travel seems like a good idea.
@@brucel399 That doesn’t make sense legally.They need some kind of suspicion that he is involved in criminal activity.Refusing to let them search his phone cannot be the basis since thats a 4th amendment right.Not saying I don’t believe it.Government does this nonsense all the time.
Any intrusion of any government agency is a major problem. Terrifying words said by the government "I'm from the government, & I'm here to help." Our government has stopped caring about the best interest of its citizens a very long time ago. I put it around 1913 when the Aldridge Act was bullied through Congress creating The Federal Reserve and the IRS.
The fourth amendment is trampled on hundreds of times every day in this country. Border patrol and TSA are one of the worst offenders. I would love to see the statistics of how much information they gather on these “random“ searches. My elderly mother who has a darker skin tone and black hair because she is part Indian, meeting native American, was always pulled aside for additional searches. She gets a little passive aggressive which she’s gotten worse as she gets older and they’re going around under her bra and around her bra in front of everyone standing in the lobby this is a very small airport where she lives that they don’t even keep people there when there’s no flights coming in, so she yells in front of everyone do you want me to take my blouse off too? And because of her dark hair color and dark skin color she was always randomly chosen. They got to where they knew who she was so they stopped. And yes if this were me, I would not invoke a fourth amendment because they don’t care about your fourth amendment or even your fifth amendment. I would invoke my sixth amendment because that guarantees me a lawyer for any questioning. And a lot of people don’t realize what the sixth amendment provides you. I’ve even seen people invoking it they have to explain it to police.
the dea wanted to do a random search of my bag right in the little hall that links to the gate gate to the plane and that's after going through tsa security. They were trying to coerce me by saying if i didn't sign a consent form it will take them a while and i will miss my flight they then brought a k9 that apparently " alerted " on my bag. i told him he wasn't getting my consent we argued for about 15-20 minutes before they gave up. i couldn't believe they were actually doing that. after speaking with the stewardess she told me they only want your money and sometimes it's the tsa giving them tips about what they saw during a search. that was introduction to civil asset forfeiture, most people will argue with me that they can't do that because .......
@@andyvonbourske6405 I was curious about that reply as well. You're somehow a "Putin boy" for not allow your rights to be trampled on? Guessing someone is off their meds. Great job standing up for your rights, it's not the first I've seen of this trend with the DEA.
Did you by any chance had cash in your luggage? TSA and CPB/DEA, etc, are running a scam where TSA scan your luggage and then inform CPB/DEA. CPB/DEA then proceeds to do a civil asset forfeiture and you need to sue them to get it back. Good luck proving that your hard earned cash isn't dirty.
But make sure your phone is set up to store photos, messages, etc, on the uSD card. And if it wasn't set up already, don't forget to move all locally saved stuff to the uSD card.
The juicy information typically sits in RAM (read access memory) which can't be moved to an external device. This data can be accessed so long as you haven't turned off your device before handing it over, even if you set a pin/password/etc. If they have a warrant - if possible, shut your phone off before it leaves your possession.
Don't forget that the Govt. has this delusion that you should have to explain why you are traveling with more than $10k in Cash, and if they don't like the reason then they seize the Cash!
ANY amount of money is subject to "civil asset forfeiture" and extremely difficult to get back, even if flying within the country. DEA will take it all. They are animals.
@@Maybe-SoMany businesses in airports no longer accept cash, it’s all card/PayPal/ApplePay, etc. so there is now supposedly “no need” to carry cash while traveling. The entirety of Austin Bergstrom International Airport is cash-free. You would starve with a hundred dollar bill in hand. It does not bode well for the future
I like to aid law enforcement with their duties; that being said, abuse or lack of proper training should not be part of our culture. Thank you for this important video.
lol it can be recovered even if you wipe it, also just an FYI attempting to do this is a crime and is chargeable. Please don’t follow this horrible advice
@@williamelewis464 How, precisely, can they charge you with a crime for wiping your own phone? This is nonsense, unless a judge has issued an order to preserve evidence, you have every right to wipe your phone. If you didn't, every time you deleted a photo or doc you'd be in violation. The only exception to this is government equipment, which has a requirement of retention for a period depending on jurisdiction and classification.
@@enmiredbythelazy4401if you wipe it DURING a detention, you'll easily catch that charge even if the phone wasn't demanded to be handed over. Will that charge stick in court is another story.
@@enmiredbythelazy4401 I think a notice to preserve evidence is in civil matters. They charge for criminal destruction of evidence all the time without a prior order to preserve.
When I watched a series about Canadian border security, I was floored that they could demand your unlocked phone so they could take it to a room and rifle trough it like searching your home computer without a warrant. Sad that the USA is doing similar things.
When travelling overseas into USA or Canada especially, perhaps a good idea to have done a "reset to factory" or similar clean wipe of your phone beforehand, and just re-entered the handful of phone numbers or contact details you might need just before travelling. Like flight info, hotel booking, relatives contact details etc. Or as several folks have suggested , just buying a cheap basic, dumb/old persons basic-brick,, or "burner" phone, for use while travelling. Be sure to have not even signed into normal emails etc. I think Android system phones demand a gmail account to activate initially, so set up a new email address just for that perhaps ? But hey, I'm no phone expert, I'm just a RUclips watcher !
Yes they can. These federal agents do not have to follow the usual rules. They can hold you without reason indefinitely and you have no rights as you would if you're arrested by police for example
@@MoonbeameSmith all those things can exist in their physical form as a backup. Because tap to pay is basically duplicating the card onto your phone. I keep the original cards at home as a backup I only carry two actual payment cards as a backup in case my phone disappears. Your phone should only be used as a cache backup of other things which exist elsewhere. It's not permanent it should always be viewed as expendable. I print out my itinerary and boarding passes and take them along even though I usually never use them. Phones are a convenience only. They are not central to our lives. They're just tools.
when traveling. always wipe the phone before crossing border! factory reset is the best! then when you get through the security rape point! you can always reload the backup copy you saved!
Wiping the phone data depends on how it is stored on the device. Newer phones have the option to be encrypted. If the data is encrypted, a factory reset will be enough to do a near permanent wipe. If it isn't encrypted, than you want to run a wiping software to make sure it can't be accessed.
@@bunnybootsink9258 - I stand corrected. I was thinking only of iPhones, which have used encryption since 2009. Android first required use of encrypted storage with Android 10 in 2019. So, in brief: if you have an iPhone or an Android newer than about 2019, a reset is sufficient. If you have an Android phone from 2019 or before, it depends.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." they key word is "unreasonable" is searching an electronic device unreasonable? I would say yes, unless there is probable cause that the phone contains material evidence of a crime having been committed, or a LEO can articulate reasonable suspicion that a crime has or is about to be committed.
Your mobile device serves as the digital equivalent of your essential documentation. If its contents were to be printed, it would equate to the information stored in multiple four-drawer filing cabinets. To ensure the security of your device and safeguard your sensitive information, it is crucial to employ robust digital security measures, particularly when traveling. ❤
Man I need a lawyer like you, I was attacked by a Dr physically, had my life threatened numerous times, and nothing happened. If that was me attacking a Dr I’d be in prison…
That is crazy, I travel in my vehicle. I have my 4th amendment when I’m traveling in my vehicle. I’m telling you I will go to jail before they get my phone.
Yes, we sure can do that. If you happen to be in Louisiana invoking our 5th Amendment right with any law enforcement agent or agents.. At this time is when the handcuffs come out, rights are read, it's the... " hehe haha hoho. It's off to jail we go." I'm not even kidding around..
How about some practical advice on how to lock our phones down while on the way to the USA? Can they physically force me to unlock via face ID or fingerprint? Should I disable biometrics while on the plane? What happens when I refuse to give them the PIN?
Can’t force you to provide password as it requires you to release information in your brain which is protected ( equal to you talking and incriminating yourself) but they can easily force you to show your face to phone or press fingerprint to open. It’s like they can get fingerprints or blood but they can’t force you to talk.
I was planning on having a holiday in Dallas but with what you have said about the strong arm tactics of your border force I have now reconsidered and cancelled my plans and going to Canada instead. Thank you for your video and the warning.
Entering another country is a privilege. Don't believe me? Don't answer any questions. Don't complete a declarations document. Watch how fast you are turned right back around.
Air travel through commercial airports in the federal corporation, the United States, is a privilege, unfortunately. Name one commercial airport that isn't under Federal control of the United States. The Commerce Clause in the Constitution is abused daily. You have the right to take a private jet or learn to fly your own General Aviation plane from a private airport; there still a bit of "privilege" in those areas, too. The crazy part is that Americans could cripple the air travel industry if we boycotted based on the invasive practices that went into overdrive with the so-called Patriot Act, but most people don't want to inconvenience themselves.
@@thetallmanspodcastreacts That depends upon your calling yourself a 14th Amendment Subject Citizen with privileges and immunities. I have rights. Upon entering the United States I do not check the box for US Citizen. I am a Citizen of the State. They usually cross that out and enter US Citizen. That's their opinion.
@@pistonpilot I am aware of the “US citizenship” created by Congress and the 14th Amendment and State Citizenships. I should have asked what you meant by “traveling”. I presumed that you meant air travel. Are you saying that you are able to move within those Federal airports without adhering to the “laws” and rules that control how those Federal airports operate? For example, when you assert your Fourth Amendment protection, do they still let you proceed to your flight? When you return to the United States from another country is a different story because they cannot deny entry to an American citizen of one of the 50 States.
A key helpful fact that this missed was they can get a facial recognition or finger print to open your phone but they can’t force you to provide a password protected phone …. So safest way to protect phone is use password to protect opening phone Napa facial recognition or finger scan.
No? What a dumb idea. What is the point of having a mobile communication device if it is stuck in the mail? Back up and protect the device. Do not provide credentials to authorities. Apple users can remote wipe their device on command. Retain an attorney and follow up with AGGRESSIVE Litigation. Don't cower and hide. Live your life and fight when necessary.
Land of the free. Every citizen is guilty and needs to prove innocence. Enjoy, this is the result of corporate and government bootlickers for decades and bad Congress and judges upholding the theft of our rights.
What exactly are they looking for. How could they take a persons phone especially while traveling you need that phone for banking for uber for maps for so many things you need your phone for when traveling. America is a police state for sure. The Patriot Act was all part of the plan.
I heard once that international terminals at airports legally are not part of the United States; they're equivalent to international waters. Is this true? If so, has anyone brought up the subject of piracy when their stuff is confiscated at the airport? Maybe even state-sponsored piracy? Especially when they confiscate cash?
I have a troubling story I flew from SLC UT to Washington DC, for a visit. I checked my bag, and before my flight, I was searched, then let go. At my layover in Chicago, I was searched AGAIN as I waited for my connecting flight (Which I almost missed BTW). In Washington DC, i was exiting the plane and was searched again before I got my bag. My return flight from Washington DC, I still had the twitch. I was searched twice on my way home, all because I have a twitch. I will never fly commercially again EVER.
@@williamelewis464 try actually reading the supremacy clause, article 4 section 2 paragraph 1,1st amendment,4th amendment,10th amendment,14th amendment section 1 of the constitution of the united states of America supreme law of the land.
@@williamelewis464 the right of the PEOPLE to be SECURE in their PERSONS, HOUSES, PAPERS, EFFECTS against unreasonable searches and seizures ""SHALL NOT BE VIOLATED "" and NO WARRANT SHALL ISSUE BUT UPON PROBABLE CAUSE The only reasonable search and seizure is only done so with a legal lawful valid search warrant. Law enforcement agencies have no legal lawful constitutional authority or jurisdiction whatsoever to do a damn thing but get a legal lawful search warrant. And that is the supreme law of the land overrides and overrules all other laws. As well as the 14th amendment section 1 NO STATE SHALL MAKE OR ENFORCE ANY LAW WHICH SHALL ABRIDGE THE PRIVILEGES OR IMMUNITIES OF CITIZENS OF THE UNITED STATES clause.
No search and seizure warrant or exigent circumstances, then it is unconstitutional for them to even TOUCH your stuff, let alone SEARCH your stuff. There aren't supposed to be exceptions with respect to citizens. X-Rays and dogs should be OK, but not HUMAN HANDS touching anything. Best to use a burner phone so they have nothing to look at.
They can hold you for 72 hrs without charges, it takes about 3 hours to clone a phone and it’s entire memory, also hard drives can be recovered so even if you wipe it, that data is still there.
@@williamelewis464 Cloning a phone may not help them if it is encrypted properly. No, hard drives CAN be sufficiently erased. Just ask Hillary Clinton.... Many SSD mfr's will give you a wiping program. Sets all levels of all cells to 1's. You do NOT want zero's on SSD's. Zeroes are for platter drives and still you need to do magnetic underwriting after the 7 pass DOD wipe. Of course tossing either into a blast furnace destroys everything. Yes they CAN hold you for 72 hours but most times it is just a scant few hours. And not do it regularly either. It doesn't take 72 hours to run a check on anyone anymore. It used to take up to 72 hours to run checks long ago. Cops share a national database. Why do you think they have laptops in their cruisers? More than just an ID check...
@@williamelewis464 There are programs that overwrite the data so its' not recoverable. Once it's been overwritten with random 1's and 0's a few times, it's clean.
In 2015 one of my friends was arrested in the USA. I was in the Dominican Republic at the time. 2 days later I flew to Atlanta. 2 HSI agents flew from Boston to Atlanta to specifically intercept me and search my phone and computers. And bring me to a secure place to interigate me. They are using that as evidence against me. We one a motion to suppress, but later the judge reversed his decision.
All phones should be equipped with an entirely removable memory card and sim so people can either upload their card to a password protected cloud storage and retrieve the data after arriving at their destination. The physical phone would simply be an empty hulk.
They can hold you for 72 hrs without charges, and it only take about 3 hrs to clone a 1TB phone even if you wipe it and lock it, password protect the sim or any of the other BS people who claim to be in IT say on here.
People with family members born in different countries almost always get sent to secondary for no other reason. Secondary typically asks you to verify the passport information and sends you on your way. Sometimes they don't even ask to verify, I'm guessing they review the transit history and realize it's a waste of time.
@@ultraret I don't travel and wouldn't encounter this problem it was just a thought that came to me if your private business is automatically government business.
I can understand how this stated rationale could be for NON citizens who are have past known convictions. But its insane that us citizens already on us soil get hassled. Everything you have said shows they are merely 'fishing' which is illegal.
That’s crazy a lot of people have banking information on their cell phones meaning they can access your information and wipeout your accounts if just 1 officer is corrupt!! Or if you’re on business out of town could cause a person to lose their jobs can’t see how that’s a good idea!
It’s amazing to me that the airport is one of the very few places we can go to that as soon as we enter the doors we are automatically deprived of all constitutional rights, we are assumed to be criminally or terrorist minded, and that we must fully and immediately obey and cooperate with fellow Americans who have been given massive authority by the government. Those miserable TSA agents seem to enjoy harassing fellow Americans under the guise of aircraft safety. I try not to fly. If I can’t drive it in 8 hours it ain’t worth going to. Wife and I did go on a cruise to Alaska in 2019, and it was all I could do not to punch out couple of TSA thugs. What George Bush did in creating the “ Homeland Security Agency” was unleash untold amount of anguish on ordinary American citizens exercising rights to travel and be secure from searches and seizures.
You do know that a simple wipe doesn't delete it fully & a lack of data is, in itself, probable cause. Just have a burner phone with only emergency numbers on it.
So, is the origin of this exception to the 4th amendment protections (involving the entry of people and their possessions at the border of the USA) due to the lack of any opportunity by federal officials or authority to have had control over the pre acquisition flow of commerce in material, products and services (and the transactions enabling that ownership) in the pre border crossing international realm? Presumably, they don't do this at border exit only entry because prior to exit they did have control of pre acquisition activity through commerce regulation and state and federal law.
Easy thing to do when they ask for phone. Perform an immediate wipe of all info. It's all backed up in the cloud. But they get nothing and the phone is set to factory defaults and wiped. I'm prepared to do this with all my electronics including laptop too
It's not- "Don't help the government do their job"! Believe it or not: the government's 'job' is not to render any American insecure, in any capacity; rather, precisely the opposite is the obligatory duty, by oath of affirmation, of all government officials. "Don't pay your government to do a job; then, consent to the sabotage of the task you've paid them to do." - This is akin to hiring the pool guy to clean your pool; you go on vacay, and come home to a party in your back yard & a dirty pool; then paying the guy for a job well done. Only we're talking about the most successful nation on the planet, not a pool, and the destruction of the founding principles which enabled that success.
In the Miranda Rights / They ( any Disciplinarian ) states that You have Right to an Attorney at All Stages of your ( or the ) " Proceedings " ! Do you Know if there is Law or " Any Cases " where a Detainee, Excetra Can Demand That their Own Attorneys Can Be there " At the Warrant Hearing " ? ! / I believe that " If " the Government " can " Go Behind someone's Back " to Request a Warrant then the Detainee Ought to have a Right to Representation ! / Yes I know that the Government " Would find That " Inconvenient " and I can understand that they may " Claim " Urgency " in a Situation, and sometimes there actually is !
“Seeing” a person’s cell phone to me implies looking at the physical object, not the data on it. Obtaining a person’s permission to go through the personal data seems to me a separate issue. One of my concerns in this situation is that as a woman, my personal safety even beyond the airport is in question. Bad actors are drawn to positions of authority so they can misuse it. Have there been any cases of TSA, (etc.) personnel using personal information on people’s cell phones to victimize them?
What concerns me; I as a traveler have to have government ID and other information, but the current administration is allowing illegal immigrants to go in the airport and travel without ANY ID whatsoever and travel as they want.
All I do is study law study for the bar. Watch cram exam videos, look up case precedent if they get into my phone they're gonna learn something or blow a fuse.😂
Probable cause in the 4th amendment text is only to get a legal lawful valid warrant. Consent exists nowhere in the 4th amendment warrant clause, therefore consent is no exception to the warrant clause under the constitution of the united states of America supreme law of the land.
We need an app which allows you, when the phone is locked, to enter a code which wipes the phone. So when asked to unlock the phone, or provide the code, that number is keyed in instead. Afterwards phone can be restored from backup. It would be useful in various situations. Some one I know was mugged and phone stolen. Muggers made him key in his unlock code before they left.
Cell phones often contain access to online banking. Also, phones are increasingly essential for traveling - contactless payments, service and ticket reservations in apps, etc. Getting your phone seized equals to your wallet and all IDs being stolen. It could leave you stranded.
Every single time I travel I'm chosen for "random" extra screening. Pretty funny how they say they scrutinize individuals and for security purposes they require extra screening but I'm as average joe as they get except I'm large, tall, slightly darker complexion, thick eyebrows with a sort of ethnically ambiguous look. I think bc they can't single out my ethnicity is why 100% of the time when I fly I'm singled out for further screening.
They wouldn't easily be able to extract all the data out of my phone. If you have an iPhone set up a backup password with iTunes. There is no way to reset it without either the current password or wiping the phone.
I hold that if an LEO wants to see something, it is for the purpose of detecting or creating a criminal complaint because the officer you see is part of the "PROSECUTION TEAM", the smile the same way a wolf smiles at a sheep before lunch. If no, that is a problem.
Now, if I were travelling internationally, crossing not just borders but also legal, judicial, jurisdictional, political and cultural boundaries (do we only fear the US government and its officials?), I'd use my separate travel phone and travel devices which have been sanitized with their contents triaged to the bare essentials for my current travel needs. (When going to the Caribbean I don't generally pack and carry my alpine climbing gear - I leave that at home or rent at destination.) Do you suggest that to your clients before giving them contact information for your associated (or referred) foreign legal firms at their travel destinations?
There are no exceptions under the 4th amendment rights whatsoever. Our rights are inalienable rights. Inalienable Cannot be taken away from or given away by the possessor.
First, I’d like them to explain what exactly information on a cell phone is illegal or contraband. I could have plans for firearms, explosives, drug recipes, etc. That information is neither illegal nor contraband AND is widely available in the U.S. (Poor Man’s James Bond (Vol 1-4), Grandads wonderful book of Chemistry, yes Anarchists Cookbook). Second, I do information security for a living. If there WERE “illegal or contraband” information, no, the TSA wouldn’t find it. I’m sorry, they may be the government, but the individual would still have to have the skill. And I know they don’t have it… Why? Because of their 50% failure rate at detecting easy things like firearms, explosives, and other contraband (anyone remember when a TSA agent claimed he saw BitCoins in someone’s bag)? Also, because I train people in information security, and detecting these things. I know what they know, and I know what they don’t know. And no, I’m mot talking James Bond level stuff.
Companies have informed us about this for quite some time now. Don't bring company phones or laptops through US customs. Leave them at home and pick up a loan phone and/or laptop at the local office. Only an idiot would trust US airport authorities not to leak company information to security agencies and/or US competitors. The silly part is that the local offices have access to all the data through encrypted communication that, to my knowledge, can not be tapped.
Keep a pin code on your phone. Keep it not easy to figure out. Watch what Wifi access points you connect to. Make sure your phone pin code is different from app pin codes.
Fully shut off your phone when you are at and past security, do not turn it back on until you are in the air, and shut it back down when you land and until you are out of the airport! Shutting it down will disable biometrics and clear all encryption keys from memory. Use a strong passcode, at least 12 digits OR at least 10 characters w/ a complex passcode (capitalization, letters, numbers, symbols, and high entropy). With a sufficiently strong passcode, and from a cold boot of the phone, it is currently _impossible_ to break into most modern phones without being told the passcode! Although it is better than nothing, do not be content with just using the cop button. Even with biometrics disabled, if you do not shut down the phone, encryption keys are still loaded into memory and can be hacked with specialized machines that law enforcement has. If you do not shut it down and you do not use the cop button to lock biometrics, the cops physically forcing your finger onto the sensor or holding the phone to your face to scan it is not prohibited by the fourth amendment, PERIOD. This exception was explicitly carved by SCOTUS. Stay safe and protect your right to privacy!
This is eye-opening! I did not realize the extent to which our privacy could be invaded at airports. Thanks for breaking down the complexities of warrantless cell phone seizures and giving actionable advice on how we can protect ourselves. Definitely sharing this with my friends and family!
Only coming into the US.
And as an added bonus....the U.S. border inspection area extends 100 miles inland😒thanks to that Patriot Act. We wuz robbed😤
@@ericgardner5548no see above
They don’t need to seize your phone from you, you should look up a program called Pegasus. Your entire phone can be downloaded replicated and redirected to a virtual clone on a desktop pc. What this law firm is dealing with are the lowest part of the information food chain: local law enforcement.
@@user-yq3fz9ch5q I was on vacation in Arizona I wanted to take I8 East until I found out they had border checks along this interstate highway. So I avoided it . Not that I had anything to hide I just didn't want random people going into my RV "My Home" illegally without a warrant and holding me up while I protested against it. And possibly needing a lawyer to protect my rights
“ In the name of public safety “ the new cry of the oppressor
Officer safety too
"For your safety"
That was a favorite excuse in the Third Reich.
New???
Well, things have indeed changed since mobile phone access meant and consisted of having the proper coinage to use the pay phones along your travel route (1995 or earlier) - no custom official scrutinized your pocket change very much. And other digital devices more or less as available for meaningful search or seizure.
TSA wanted to search my phone after their frisk search. I said "I do not consent" they said I would miss my flight. I asked why I was being bullied, loud enough to draw attention. I stated I was a Veteran and I did not sign up to protect a nation that treats it's citizens like property. Oh, I was loud. Not belligerent, but enough to get people with cell phone to start a video. As soon as I said," Please do take a video," TSA let me by.
Good for you! More people need to learn to stand up to this BS. It's all really by CONSENT.
It really concerns me when an attorney says that the government has rights. People have rights. Government does not have rights. Government has powers, not rights!
Who sets the rights of the people within their borders? The government.
@@Packetloss277those rights are inherent; yes, they were set by people who became part of the government, but they had run from tyranny to have a free life. And because of that, they set up a foundation and structure for our rights. That's why they are inalienable rights.
Close. Per the Constitution, the government has powers, the People have rights.
@@ssaraccoii Thank you for pointing this out. I have amended my original statement accordingly. My point still remains. Attorneys talk about government rights. Shouldn't those scholars of the law know better?
Even lawyers have been indoctrinated into thinking of the US government as an empire that grants rights.
If you are a frequent traveler, you should get a separate phone just for that that doesn’t contain all that pertinent information.
Yeah but if you need the info in your phone and don’t have it….or bring a tablet instead and that gets searched instead, etc. frequent travelers are more often than not for business purposes so having digital devices with information is common.
How many phones can they take, probably all.😮
100%.
Carry a dumb phone….
Put all important info on micro SD and a spotless phone with just a couple of numbers on it. Make sure SD is hidden very well.
TSA Agent: "Sir we have selected you for an enhanced search."
Me: "Sure, so you want to inconvenience me? I have no problem being the most uncooperative and rudest person in existence."
Consent to nothing and refuse everything. Also stop using biometrics to unlock your phone, use a password.
Ask them are you conspiring against my rights?
Are you depriving me of my constitutionally protected rights under color of law?
When you get to court or sue bring criminal felony charges against the DA/prosecutor and all officers/agents involved in violation of Title 18 U.S.C. section §241 conspiracy against rights, Title 18 U.S.C. section §242 deprivation of rights under color of law,if they had no legal lawful valid search warrant, for conspiring against and depriving you of your supremacy clause, article 4 section 2 paragraph 1,4th amendment warrant clause,10th amendment nor prohibited by it to the states clause,14th amendment section 1 no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the united states clause rights combined. Use fruit of the poisonous tree and exclusionary rule to have all their evidence they illegally obtained thrown out of the court.
Passwords can be bypassed too, matter of fact a phone an be cracked without ever opening it regardless of OS
Don't be rude, be aggressively flirtatious. Pick someone of the same sex, preferably the one with the bald head and sleeve tattos, and just lay into them thick. Tell them their eyes are the most beautiful you've ever seen. Tell them they have the most luscious lips in existence. If they walk away, tell them they have the best butt since JLo. Tell them exactly what you want to do to their butt in the most graphic terms you can. It's so much more fun simply than being rude. 😂
@@williamelewis464, I use the pass-pattern and fingerprint. After the 5 time of the wrong finger the automatically locks out fingerprint reader. Then the correct pass-pattern will have to be entered. If not entered correctly you'll have to wait a specific time which gets longer each time until the phone will factory reset itself.
Here's one solution - have a travel phone (a burner phone) when traveling via the airports or overseas. Leave your main phone at home, connected to your wifi. There are apps that allow you to screen share your phone and control it remotely. Set that up before leaving - make sure it works. On the burner phone, delete the remote control phone app before going through the airport coming and going. Re-install it on the other side. At least if they seize your phone, they don't have your main phone.
Good idea
Or don't consent to the search to begin with. They need actual probable cause to obtain a warrant.
A friend of mine was flying back into Denver after the Paris Olympics. He had a Homeland Officer ask for his phone. He told them politely, no thank you. HSI proceeded to take him to an interrogation room for further questioning. While in the room alone, he attempted to call his lawyer. The Homeland security people turned on a phone jammer to interrupt the call. His lawyer had heard enough to understand what was going on. He hurried out to Denver International Airport and was denied his right to see his client. The lawyer immediately called a federal judge he knew and got his client released from custody. Unfortunately the TSA IMMEDIATELY put my friend on the no-fly list. No he is trying to get that resolved.
Why was he detained in the first place?
@@BrooklynBallaI guess he’s trying to get that resolved as well
@@BrooklynBalla he was detained because he told the Homeland security people no to searching his phone after they asked to see it.
I heard there was no way off the no-fly list. Also, how does someone who is not wealthy afford the legal representation to confront such things? Using a burner phone for travel seems like a good idea.
@@brucel399 That doesn’t make sense legally.They need some kind of suspicion that he is involved in criminal activity.Refusing to let them search his phone cannot be the basis since thats a 4th amendment right.Not saying I don’t believe it.Government does this nonsense all the time.
Any intrusion of any government agency is a major problem. Terrifying words said by the government
"I'm from the government, & I'm here to help." Our government has stopped caring about the best interest of its citizens a very long time ago. I put it around 1913 when the Aldridge Act was bullied through Congress creating The Federal Reserve and the IRS.
If Geo fencing warrants are illegal, than checking your phone should be even more illegal without a warrant.
The fourth amendment is trampled on hundreds of times every day in this country. Border patrol and TSA are one of the worst offenders. I would love to see the statistics of how much information they gather on these “random“ searches. My elderly mother who has a darker skin tone and black hair because she is part Indian, meeting native American, was always pulled aside for additional searches. She gets a little passive aggressive which she’s gotten worse as she gets older and they’re going around under her bra and around her bra in front of everyone standing in the lobby this is a very small airport where she lives that they don’t even keep people there when there’s no flights coming in, so she yells in front of everyone do you want me to take my blouse off too? And because of her dark hair color and dark skin color she was always randomly chosen. They got to where they knew who she was so they stopped. And yes if this were me, I would not invoke a fourth amendment because they don’t care about your fourth amendment or even your fifth amendment. I would invoke my sixth amendment because that guarantees me a lawyer for any questioning. And a lot of people don’t realize what the sixth amendment provides you. I’ve even seen people invoking it they have to explain it to police.
the dea wanted to do a random search of my bag right in the little hall that links to the gate gate to the plane and that's after going through tsa security. They were trying to coerce me by saying if i didn't sign a consent form it will take them a while and i will miss my flight they then brought a k9 that apparently " alerted " on my bag. i told him he wasn't getting my consent we argued for about 15-20 minutes before they gave up. i couldn't believe they were actually doing that. after speaking with the stewardess she told me they only want your money and sometimes it's the tsa giving them tips about what they saw during a search. that was introduction to civil asset forfeiture, most people will argue with me that they can't do that because .......
putin boy?
The federal government as the new highwaymen of the roads and skies.
STAND AND DELIVER CIVILIAN
@@pasques putin boy ? do you actually think before you reply or do you just type whatever pops up in your head ?
@@andyvonbourske6405 I was curious about that reply as well. You're somehow a "Putin boy" for not allow your rights to be trampled on? Guessing someone is off their meds. Great job standing up for your rights, it's not the first I've seen of this trend with the DEA.
Did you by any chance had cash in your luggage? TSA and CPB/DEA, etc, are running a scam where TSA scan your luggage and then inform CPB/DEA. CPB/DEA then proceeds to do a civil asset forfeiture and you need to sue them to get it back. Good luck proving that your hard earned cash isn't dirty.
Take out your SD card before going to the airport and keep it in your possession and do NOT let them know you even have it.
But make sure your phone is set up to store photos, messages, etc, on the uSD card. And if it wasn't set up already, don't forget to move all locally saved stuff to the uSD card.
The juicy information typically sits in RAM (read access memory) which can't be moved to an external device. This data can be accessed so long as you haven't turned off your device before handing it over, even if you set a pin/password/etc. If they have a warrant - if possible, shut your phone off before it leaves your possession.
But in a blank one, so they don't search for the one you've stashed.
Don't forget that the Govt. has this delusion that you should have to explain why you are traveling with more than $10k in Cash, and if they don't like the reason then they seize the Cash!
More than 10k will get you questioned in 100% of airports and border crossings world wide. There isn’t a single border where that is legal
ANY amount of money is subject to "civil asset forfeiture" and extremely difficult to get back, even if flying within the country. DEA will take it all. They are animals.
@@Maybe-SoMany businesses in airports no longer accept cash, it’s all card/PayPal/ApplePay, etc. so there is now supposedly “no need” to carry cash while traveling. The entirety of Austin Bergstrom International Airport is cash-free. You would starve with a hundred dollar bill in hand. It does not bode well for the future
@Maybe-So you're so right. DOJ has seized more that 1 billion dollars from people in a single year.
@@birdnird I only carry cash . The day it all goes digital is the day I stop being a productive member of society. I do not support socialism.
I like to aid law enforcement with their duties; that being said, abuse or lack of proper training should not be part of our culture. Thank you for this important video.
If you’re in the situation and you still have possession of your phone before you hand it over, wipe it clean
lol it can be recovered even if you wipe it, also just an FYI attempting to do this is a crime and is chargeable. Please don’t follow this horrible advice
@@williamelewis464 How, precisely, can they charge you with a crime for wiping your own phone? This is nonsense, unless a judge has issued an order to preserve evidence, you have every right to wipe your phone. If you didn't, every time you deleted a photo or doc you'd be in violation. The only exception to this is government equipment, which has a requirement of retention for a period depending on jurisdiction and classification.
Lol tell Killary hinton that.
@@enmiredbythelazy4401if you wipe it DURING a detention, you'll easily catch that charge even if the phone wasn't demanded to be handed over. Will that charge stick in court is another story.
@@enmiredbythelazy4401 I think a notice to preserve evidence is in civil matters. They charge for criminal destruction of evidence all the time without a prior order to preserve.
Constitutional rights are a subscription service. If you can't afford a good attorney, you don't have any rights.
When I watched a series about Canadian border security, I was floored that they could demand your unlocked phone so they could take it to a room and rifle trough it like searching your home computer without a warrant.
Sad that the USA is doing similar things.
When travelling overseas into USA or Canada especially, perhaps a good idea to have done a "reset to factory" or similar clean wipe of your phone beforehand, and just re-entered the handful of phone numbers or contact details you might need just before travelling. Like flight info, hotel booking, relatives contact details etc. Or as several folks have suggested , just buying a cheap basic, dumb/old persons basic-brick,, or "burner" phone, for use while travelling. Be sure to have not even signed into normal emails etc. I think Android system phones demand a gmail account to activate initially, so set up a new email address just for that perhaps ? But hey, I'm no phone expert, I'm just a RUclips watcher !
@@KiwiCatherineJemma easier to just have a "travel phone"
The story's moral is that a citizen of the United States of America cannot be denied entry to their country.
Yes they can. These federal agents do not have to follow the usual rules. They can hold you without reason indefinitely and you have no rights as you would if you're arrested by police for example
Both true. A citizen is not supposed to be denied entry. But...they can "suspect" you are a terrorist, which tramples over all of our "rights".
@@ryandgarland Why do I care? They suspect everyone. I don't talk to the police.
with the growth of 2fa apps that require phones, this is even more scary getting locked out of accounts because they government stole your phone.
Regardless of the government's behavior, all 2FA auth methods should be backed up regularly to another device.
What about phones that have your tickets and credit cards and itineraries on? Phones are more than phones these dayz
@@MoonbeameSmith all those things can exist in their physical form as a backup.
Because tap to pay is basically duplicating the card onto your phone. I keep the original cards at home as a backup I only carry two actual payment cards as a backup in case my phone disappears.
Your phone should only be used as a cache backup of other things which exist elsewhere. It's not permanent it should always be viewed as expendable.
I print out my itinerary and boarding passes and take them along even though I usually never use them.
Phones are a convenience only. They are not central to our lives. They're just tools.
when traveling. always wipe the phone before crossing border! factory reset is the best! then when you get through the security rape point! you can always reload the backup copy you saved!
Factory reset will not get rid of the data, even if you wiped it 50 times that data is still recoverable
@@williamelewis464- Not correct.
NSA. They already know everything. Patriot Act. Google , Meta, Apple. They have all the info.
Wiping the phone data depends on how it is stored on the device. Newer phones have the option to be encrypted. If the data is encrypted, a factory reset will be enough to do a near permanent wipe. If it isn't encrypted, than you want to run a wiping software to make sure it can't be accessed.
@@bunnybootsink9258 - I stand corrected. I was thinking only of iPhones, which have used encryption since 2009. Android first required use of encrypted storage with Android 10 in 2019. So, in brief: if you have an iPhone or an Android newer than about 2019, a reset is sufficient. If you have an Android phone from 2019 or before, it depends.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
they key word is "unreasonable" is searching an electronic device unreasonable? I would say yes, unless there is probable cause that the phone contains material evidence of a crime having been committed, or a LEO can articulate reasonable suspicion that a crime has or is about to be committed.
I was looking for this. The information on the phone is the same as the information on paper. Both are protected.
Your mobile device serves as the digital equivalent of your essential documentation. If its contents were to be printed, it would equate to the information stored in multiple four-drawer filing cabinets. To ensure the security of your device and safeguard your sensitive information, it is crucial to employ robust digital security measures, particularly when traveling. ❤
Man I need a lawyer like you, I was attacked by a Dr physically, had my life threatened numerous times, and nothing happened. If that was me attacking a Dr I’d be in prison…
That is crazy, I travel in my vehicle. I have my 4th amendment when I’m traveling in my vehicle. I’m telling you I will go to jail before they get my phone.
"I don't answer questions. I invoke MY 5th amendment right to remain silent."
Yes, we sure can do that.
If you happen to be in Louisiana invoking our 5th Amendment right with any law enforcement agent or agents..
At this time is when the handcuffs come out, rights are read, it's the...
" hehe haha hoho. It's off to jail we go."
I'm not even kidding around..
How about some practical advice on how to lock our phones down while on the way to the USA? Can they physically force me to unlock via face ID or fingerprint? Should I disable biometrics while on the plane? What happens when I refuse to give them the PIN?
Can’t force you to provide password as it requires you to release information in your brain which is protected ( equal to you talking and incriminating yourself) but they can easily force you to show your face to phone or press fingerprint to open. It’s like they can get fingerprints or blood but they can’t force you to talk.
These criminals with badges need to be under the jailhouse
Under the dirt.
You mean commie government employees
Since when do we give our government agents and agencies rights which we the people do not possess?
welcome to the free country.
to the land of the free.........when it suits them
You mentioned that the exception is intended for luggage, contraband , and cash. Could you expand on what you mean by cash and it's prohibition?
Great video David Tarras!
I was planning on having a holiday in Dallas but with what you have said about the strong arm tactics of your border force I have now reconsidered and cancelled my plans and going to Canada instead. Thank you for your video and the warning.
Since when has traveling been a "privilege?"
Entering another country is a privilege. Don't believe me? Don't answer any questions. Don't complete a declarations document. Watch how fast you are turned right back around.
@@I_Am_Your_Problem He's talking about the USA, and so am I. Pay attention.
Air travel through commercial airports in the federal corporation, the United States, is a privilege, unfortunately. Name one commercial airport that isn't under Federal control of the United States. The Commerce Clause in the Constitution is abused daily. You have the right to take a private jet or learn to fly your own General Aviation plane from a private airport; there still a bit of "privilege" in those areas, too. The crazy part is that Americans could cripple the air travel industry if we boycotted based on the invasive practices that went into overdrive with the so-called Patriot Act, but most people don't want to inconvenience themselves.
@@thetallmanspodcastreacts That depends upon your calling yourself a 14th Amendment Subject Citizen with privileges and immunities. I have rights. Upon entering the United States I do not check the box for US Citizen. I am a Citizen of the State. They usually cross that out and enter US Citizen. That's their opinion.
@@pistonpilot I am aware of the “US citizenship” created by Congress and the 14th Amendment and State Citizenships. I should have asked what you meant by “traveling”. I presumed that you meant air travel. Are you saying that you are able to move within those Federal airports without adhering to the “laws” and rules that control how those Federal airports operate? For example, when you assert your Fourth Amendment protection, do they still let you proceed to your flight? When you return to the United States from another country is a different story because they cannot deny entry to an American citizen of one of the 50 States.
Freedom &
the Constitution
were a Quaint
Idea.
There is no exception to any amendment.
40 million invders let in and tnhey concentrate on citizens returning's cell phones and such.
The SCOTUS should rule those 4th exceptions as inadmisible, based on the number of unlawful crossings alone
I’m guessing you wouldn’t complain if they were racial profiling and only seizing the phones of brown people.
Carry a clean Pixel converted to Graphine OS. Never use biometrics. Encrypt everything with strong encryption.
Swipe patterns are most secure especially if they are complex.
A key helpful fact that this missed was they can get a facial recognition or finger print to open your phone but they can’t force you to provide a password protected phone …. So safest way to protect phone is use password to protect opening phone Napa facial recognition or finger scan.
Thank you for sharing!
This is happening more and more. Mail your phone home do not bring it with you when you come back into the country.
No? What a dumb idea. What is the point of having a mobile communication device if it is stuck in the mail? Back up and protect the device. Do not provide credentials to authorities. Apple users can remote wipe their device on command. Retain an attorney and follow up with AGGRESSIVE Litigation. Don't cower and hide. Live your life and fight when necessary.
Also, have you ever mailed anything valuable from a non-us postal carrier? You're likely to never see it again.
Land of the free. Every citizen is guilty and needs to prove innocence.
Enjoy, this is the result of corporate and government bootlickers for decades and bad Congress and judges upholding the theft of our rights.
What exactly are they looking for. How could they take a persons phone especially while traveling you need that phone for banking for uber for maps for so many things you need your phone for when traveling. America is a police state for sure. The Patriot Act was all part of the plan.
I heard once that international terminals at airports legally are not part of the United States; they're equivalent to international waters. Is this true? If so, has anyone brought up the subject of piracy when their stuff is confiscated at the airport? Maybe even state-sponsored piracy? Especially when they confiscate cash?
Wow, this is very surprising information.
What public threat could my text messages be?
I have a troubling story I flew from SLC UT to Washington DC, for a visit. I checked my bag, and before my flight, I was searched, then let go. At my layover in Chicago, I was searched AGAIN as I waited for my connecting flight (Which I almost missed BTW). In Washington DC, i was exiting the plane and was searched again before I got my bag. My return flight from Washington DC, I still had the twitch. I was searched twice on my way home, all because I have a twitch. I will never fly commercially again EVER.
A cellphone and suitcase is a citizens effects and therefore protected under the 4th amendment warrant clause.
No…not how that works but I understand why you are misled.
@@williamelewis464 try actually reading the supremacy clause, article 4 section 2 paragraph 1,1st amendment,4th amendment,10th amendment,14th amendment section 1 of the constitution of the united states of America supreme law of the land.
@@williamelewis464 the right of the PEOPLE to be SECURE in their PERSONS, HOUSES, PAPERS, EFFECTS against unreasonable searches and seizures ""SHALL NOT BE VIOLATED "" and NO WARRANT SHALL ISSUE BUT UPON PROBABLE CAUSE
The only reasonable search and seizure is only done so with a legal lawful valid search warrant. Law enforcement agencies have no legal lawful constitutional authority or jurisdiction whatsoever to do a damn thing but get a legal lawful search warrant. And that is the supreme law of the land overrides and overrules all other laws. As well as the 14th amendment section 1 NO STATE SHALL MAKE OR ENFORCE ANY LAW WHICH SHALL ABRIDGE THE PRIVILEGES OR IMMUNITIES OF CITIZENS OF THE UNITED STATES clause.
@@williamelewis464 law enforcement and the courts (justice department)have been operating illegally unconstitutionally for the past 100 years.
@@williamelewis464 the only one mislead is you drinking the communist/Nazi brainwashing indoctrination Kool aid.
No search and seizure warrant or exigent circumstances, then it is unconstitutional for them to even TOUCH your stuff, let alone SEARCH your stuff.
There aren't supposed to be exceptions with respect to citizens.
X-Rays and dogs should be OK, but not HUMAN HANDS touching anything.
Best to use a burner phone so they have nothing to look at.
They can hold you for 72 hrs without charges, it takes about 3 hours to clone a phone and it’s entire memory, also hard drives can be recovered so even if you wipe it, that data is still there.
@@williamelewis464 Cloning a phone may not help them if it is encrypted properly.
No, hard drives CAN be sufficiently erased. Just ask Hillary Clinton....
Many SSD mfr's will give you a wiping program. Sets all levels of all cells to 1's. You do NOT want zero's on SSD's. Zeroes are for platter drives and still you need to do magnetic underwriting after the 7 pass DOD wipe.
Of course tossing either into a blast furnace destroys everything.
Yes they CAN hold you for 72 hours but most times it is just a scant few hours. And not do it regularly either.
It doesn't take 72 hours to run a check on anyone anymore. It used to take up to 72 hours to run checks long ago.
Cops share a national database. Why do you think they have laptops in their cruisers?
More than just an ID check...
@@williamelewis464 There are programs that overwrite the data so its' not recoverable. Once it's been overwritten with random 1's and 0's a few times, it's clean.
In 2015 one of my friends was arrested in the USA. I was in the Dominican Republic at the time. 2 days later I flew to Atlanta. 2 HSI agents flew from Boston to Atlanta to specifically intercept me and search my phone and computers. And bring me to a secure place to interigate me. They are using that as evidence against me. We one a motion to suppress, but later the judge reversed his decision.
So why are you giving people horrible advice?
support the Institute for Justice. they are sueing the federal government for all this unconstitutional abuse
Is this happening to US Citizens coming back into the USA even though they were born in the country that just visited and became a US citizen?
It happens to anybody of interest, regardless of who they are or what they claim.
I was born here and it happened to me
Encryption helps a lot, but make sure it's on sd card😮 or factory reset or sd lock..
All phones should be equipped with an entirely removable memory card and sim so people can either upload their card to a password protected cloud storage and retrieve the data after arriving at their destination. The physical phone would simply be an empty hulk.
Lock your phone and refuse to unlock it, tell these uniformed criminals to pound sand, call a lawyer.
That's what I came to say.
They can hold you for 72 hrs without charges, and it only take about 3 hrs to clone a 1TB phone even if you wipe it and lock it, password protect the sim or any of the other BS people who claim to be in IT say on here.
@@williamelewis464 so don't take your phone, mail it ahead to your destination.
@@stevesmith9151all international mail is subject to search and I'm sure they'd pull the same BS & claim electronic devices can also be searched.
They are gonna seize your phone download the contents and then give you a ring back when they're finished?
They won’t be letting you leave while this happens.
Are you allowed to use force to protect your rights?
Second amendment.😊
People with family members born in different countries almost always get sent to secondary for no other reason. Secondary typically asks you to verify the passport information and sends you on your way. Sometimes they don't even ask to verify, I'm guessing they review the transit history and realize it's a waste of time.
The way to stop invasion, have your phone on a passcode/password then they need a warrant to get into it.
Is bringing a burner phone with no information on it a way to avoid this?
Make sure it has some "decoy" information so it seems that is your real phone and they dont suspect you just wiped it to hide something
@@ultraret
I don't travel and wouldn't encounter this problem it was just a thought that came to me if your private business is automatically government business.
Nope
@@hermenutic I understand any statements said herein are purely hypothetical and not an actual act or intention, we plea the fifth.
I can understand how this stated rationale could be for NON citizens who are have past known convictions. But its insane that us citizens already on us soil get hassled. Everything you have said shows they are merely 'fishing' which is illegal.
just have an illegal immigrant carry it through - no Gov agency will ever check them
That’s crazy a lot of people have banking information on their cell phones meaning they can access your information and wipeout your accounts if just 1 officer is corrupt!! Or if you’re on business out of town could cause a person to lose their jobs can’t see how that’s a good idea!
If you committed not crime there is no reason that should be happening
Ok f course it SHOULDNT-but it IS happening.
Right here where I live! Love that. I am a Fort Lauderdale resident for 40 years.
So who are these groups being targeted in mid-2024? At which air and sea ports does this sort of thing happen?
Happened to me at IAH
what protections do travellers who are not us citizens have when entering the us?
Disable biometrics, set a password, and even if with a warrant, tell them to pound sand.
It’s amazing to me that the airport is one of the very few places we can go to that as soon as we enter the doors we are automatically deprived of all constitutional rights, we are assumed to be criminally or terrorist minded, and that we must fully and immediately obey and cooperate with fellow Americans who have been given massive authority by the government. Those miserable TSA agents seem to enjoy harassing fellow Americans under the guise of aircraft safety. I try not to fly. If I can’t drive it in 8 hours it ain’t worth going to. Wife and I did go on a cruise to Alaska in 2019, and it was all I could do not to punch out couple of TSA thugs. What George Bush did in creating the “ Homeland Security Agency” was unleash untold amount of anguish on ordinary American citizens exercising rights to travel and be secure from searches and seizures.
Why I haven't flown yet this century.
backup your phone to the cloud, Wipe it before traveling , Restore after you land .
You do know that a simple wipe doesn't delete it fully & a lack of data is, in itself, probable cause.
Just have a burner phone with only emergency numbers on it.
@@walterroche8192burner for the win
@@walterroche8192 How is a lack of data probable cause?
@@Trish.Normanbecause it shows intent to hide. Also your phone can be broken into and cloned without touching it.
@@williamelewis464 Intent to hide what exactly?My personal data is mine and I’ll “hide it” as I please.
So, is the origin of this exception to the 4th amendment protections (involving the entry of people and their possessions at the border of the USA) due to the lack of any opportunity by federal officials or authority to have had control over the pre acquisition flow of commerce in material, products and services (and the transactions enabling that ownership) in the pre border crossing international realm? Presumably, they don't do this at border exit only entry because prior to exit they did have control of pre acquisition activity through commerce regulation and state and federal law.
Easy thing to do when they ask for phone. Perform an immediate wipe of all info. It's all backed up in the cloud. But they get nothing and the phone is set to factory defaults and wiped. I'm prepared to do this with all my electronics including laptop too
Keep Pressing!!!
It's not- "Don't help the government do their job"!
Believe it or not: the government's 'job' is not to render any American insecure, in any capacity; rather, precisely the opposite is the obligatory duty, by oath of affirmation, of all government officials.
"Don't pay your government to do a job; then, consent to the sabotage of the task you've paid them to do." -
This is akin to hiring the pool guy to clean your pool; you go on vacay, and come home to a party in your back yard & a dirty pool; then paying the guy for a job well done. Only we're talking about the most successful nation on the planet, not a pool, and the destruction of the founding principles which enabled that success.
You don't have to talk to anybody. Tell them you don't answer questions.
In the Miranda Rights / They ( any Disciplinarian ) states that You have Right to an Attorney at All Stages of your ( or the )
" Proceedings " !
Do you Know if there is Law or " Any Cases " where a Detainee, Excetra Can Demand That their Own Attorneys Can Be there
" At the Warrant Hearing " ? ! / I believe that " If " the Government " can " Go Behind someone's Back " to Request a Warrant then
the Detainee Ought to have a Right to Representation ! / Yes I know that the Government " Would find That " Inconvenient "
and I can understand that they may " Claim " Urgency " in a Situation, and sometimes there actually is !
“Seeing” a person’s cell phone to me implies looking at the physical object, not the data on it. Obtaining a person’s permission to go through the personal data seems to me a separate issue.
One of my concerns in this situation is that as a woman, my personal safety even beyond the airport is in question. Bad actors are drawn to positions of authority so they can misuse it. Have there been any cases of TSA, (etc.) personnel using personal information on people’s cell phones to victimize them?
With the boarders wide open? Seems ironic.
TSA "randomly" checked " my phone going through security at Bradly international on my to Philly. What was that all about?
What concerns me; I as a traveler have to have government ID and other information, but the current administration is allowing illegal immigrants to go in the airport and travel without ANY ID whatsoever and travel as they want.
All I do is study law study for the bar. Watch cram exam videos, look up case precedent if they get into my phone they're gonna learn something or blow a fuse.😂
How about carrying a "backup phone" to surrender to them. Will they strip search for additional phones?
Probable cause in the 4th amendment text is only to get a legal lawful valid warrant. Consent exists nowhere in the 4th amendment warrant clause, therefore consent is no exception to the warrant clause under the constitution of the united states of America supreme law of the land.
9:38 imagine that, finding probable cause on a seizure that started without probable cause.
We need an app which allows you, when the phone is locked, to enter a code which wipes the phone. So when asked to unlock the phone, or provide the code, that number is keyed in instead. Afterwards phone can be restored from backup. It would be useful in various situations. Some one I know was mugged and phone stolen. Muggers made him key in his unlock code before they left.
Cell phones often contain access to online banking. Also, phones are increasingly essential for traveling - contactless payments, service and ticket reservations in apps, etc. Getting your phone seized equals to your wallet and all IDs being stolen. It could leave you stranded.
One time I spent 4 hours in MIA because of this garbage. I was extremely cold, thirsty and hungry.
Every single time I travel I'm chosen for "random" extra screening. Pretty funny how they say they scrutinize individuals and for security purposes they require extra screening but I'm as average joe as they get except I'm large, tall, slightly darker complexion, thick eyebrows with a sort of ethnically ambiguous look. I think bc they can't single out my ethnicity is why 100% of the time when I fly I'm singled out for further screening.
Facial recognition. All about control compliance and surveillance.
They wouldn't easily be able to extract all the data out of my phone. If you have an iPhone set up a backup password with iTunes. There is no way to reset it without either the current password or wiping the phone.
I hold that if an LEO wants to see something, it is for the purpose of detecting or creating a criminal complaint because the officer you see is part of the "PROSECUTION TEAM", the smile the same way a wolf smiles at a sheep before lunch. If no, that is a problem.
Now, if I were travelling internationally, crossing not just borders but also legal, judicial, jurisdictional, political and cultural boundaries (do we only fear the US government and its officials?), I'd use my separate travel phone and travel devices which have been sanitized with their contents triaged to the bare essentials for my current travel needs. (When going to the Caribbean I don't generally pack and carry my alpine climbing gear - I leave that at home or rent at destination.) Do you suggest that to your clients before giving them contact information for your associated (or referred) foreign legal firms at their travel destinations?
There are no exceptions under the 4th amendment rights whatsoever. Our rights are inalienable rights.
Inalienable
Cannot be taken away from or given away by the possessor.
There are exceptions when crossing the border into the country
First, I’d like them to explain what exactly information on a cell phone is illegal or contraband. I could have plans for firearms, explosives, drug recipes, etc. That information is neither illegal nor contraband AND is widely available in the U.S. (Poor Man’s James Bond (Vol 1-4), Grandads wonderful book of Chemistry, yes Anarchists Cookbook). Second, I do information security for a living. If there WERE “illegal or contraband” information, no, the TSA wouldn’t find it. I’m sorry, they may be the government, but the individual would still have to have the skill. And I know they don’t have it…
Why?
Because of their 50% failure rate at detecting easy things like firearms, explosives, and other contraband (anyone remember when a TSA agent claimed he saw BitCoins in someone’s bag)?
Also, because I train people in information security, and detecting these things. I know what they know, and I know what they don’t know.
And no, I’m mot talking James Bond level stuff.
Companies have informed us about this for quite some time now. Don't bring company phones or laptops through US customs. Leave them at home and pick up a loan
phone and/or laptop at the local office.
Only an idiot would trust US airport authorities not to leak company information to security agencies and/or US competitors. The silly part is that the local offices have access to all the data through encrypted communication that, to my knowledge, can not be tapped.
all the more reason to ship your items via a freight service not have the airlines touch it or carry it on your person.
4th. us citizens only or tourists too
Glad my phone has maintenance mode.
Just don’t give them your phone. It’s clear it’s not a threat to the flight being a cellphone, so that’s all they need to know
Keep a pin code on your phone. Keep it not easy to figure out. Watch what Wifi access points you connect to. Make sure your phone pin code is different from app pin codes.
Sim Pins don’t work, they can be bypassed too. Also your phone can be copied in an empty room without being touched.
Fully shut off your phone when you are at and past security, do not turn it back on until you are in the air, and shut it back down when you land and until you are out of the airport! Shutting it down will disable biometrics and clear all encryption keys from memory. Use a strong passcode, at least 12 digits OR at least 10 characters w/ a complex passcode (capitalization, letters, numbers, symbols, and high entropy). With a sufficiently strong passcode, and from a cold boot of the phone, it is currently _impossible_ to break into most modern phones without being told the passcode!
Although it is better than nothing, do not be content with just using the cop button. Even with biometrics disabled, if you do not shut down the phone, encryption keys are still loaded into memory and can be hacked with specialized machines that law enforcement has.
If you do not shut it down and you do not use the cop button to lock biometrics, the cops physically forcing your finger onto the sensor or holding the phone to your face to scan it is not prohibited by the fourth amendment, PERIOD. This exception was explicitly carved by SCOTUS.
Stay safe and protect your right to privacy!