Article

2015-10-05 -Land of the Free

Small town mayor relinquishes electronics and passwords to agents at SFO

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Posted by Fred 2015-10-05 00:00|| || Front Page|| [8 views ] Top

#1 If they got the password through threat or coercion, anything found would become inadmissible as evidence in court. May take some appeals, but there's enough 4th Amendment precedent to uphold such a ruling.

Posted by Procopius2k 2015-10-05 08:18|| 2015-10-05 08:18|| Front Page Top

#2 Stockton is a currently corrupt bankrupt shithole. Who paid for this punk to take a trip to China?

there seems to be more to this story , like an ongoing investigation of him. The search and password demand may be entirely legal:
Legal rulings from more than 40 years ago found that border searches are protected by “a narrow exception to the Fourth Amendment prohibition against warrantless searches without probable cause” and “the reasonableness of a search or seizure depends on the totality of the circumstances, including the scope and duration of the deprivation.”

Two years ago, the Ninth Circuit Court of Appeals ruled that for law enforcement to conduct a forensic examination of a returning international traveler’s computer, it must show a “reasonable suspicion, a modest requirement in light of the Fourth Amendment.”

Posted by Frank G 2015-10-05 14:26|| 2015-10-05 14:26|| Front Page Top

#3 If he used fingerprints to secure his phone than they can compel him to open it. Password, I would demand my right of habeas corpse and put it before a judge. The first thing that I would ask the judge is to allow me access to legal counsel.

Posted by Sven the pelter 2015-10-05 14:35|| 2015-10-05 14:35|| Front Page Top

#4 I learned that most of your constitutional rights don't apply at the border but:

"Silva was not allowed to leave the airport without forfeiting his passwords."

He's an American citizen, right? Sounds like illegal coercion to me.

Posted by European Conservative 2015-10-05 14:53|| 2015-10-05 14:53|| Front Page Top

#5 Rules from a 200-plus year old document apparently don't apply to the Homeland [In]Security - at least under Obama.

He should have claimed to be an Illegal Alien from Iran and he would probably have been given an police escort to wherever he wanted.

Funny how if this had happened under Bush the media would have been up in arms.

Posted by CrazyFool 2015-10-05 16:31|| 2015-10-05 16:31|| Front Page Top

#6 Certainly he could afford an external hard drive or use drive to hold his illegal stuff. Is the mayor really that stupid or lazy to carry incriminating evidence with him out of the USA?

Posted by Rjschwarz 2015-10-05 23:42|| 2015-10-05 23:42|| Front Page Top

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