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In February, artist Aaron Gach flew home to San Francisco after putting on a gallery installation in Brussels.
The show, titled Center for Tactical Magic, focused on “mass incarceration, government control, and political dissent”. Given that focus, depending on your attitude toward law enforcement and surveillance, it might seem ironic – or fitting – that US Customs and Border Patrol (CBP) decided to interrogate Gach, to detain him, and to demand that he unlock and hand over his phone.
Six ACLU attorneys filed an eight-page administrative complaint, seeking answers from DHS, the parent agency of CBP.
According to the ACLU, after Gach unwillingly acquiesced, unlocked his iPhone and handed it over, CBP officers took it behind a dividing wall, out of view for almost 10 minutes, and thereby violated Gach’s constitutional rights.
The rights group says that searches at the borders have to comport with the Fourth Amendment, which prohibits unreasonable searches and seizures. The ACLU says that Fourth Amendment protection of privacy rights of a cellphone were made clear in Riley v. California, a landmark 2014 case in which the Supreme Court unanimously held that the warrantless search and seizure of digital contents of a cellphone during an arrest is unconstitutional.
originally posted by: underwerks
This administration is the first one in my lifetime (so far) where if you are critical of them or the government, you probably will be stopped and questioned at some point.
After bad experiences since Trump came into office, a few of my friends in Europe have decided to stop coming to the U.S. until Trump is out of office. I have my own experiences as well.
And all the while the people who support this admin call everyone else fascists.
During the 2016 fiscal year, CBP officials conducted 23,877 electronic media searches, a five-fold increase from the previous year. In both the 2015 and 2016 fiscal years, the agency processed more than 380 million arriving travelers.