{"id":25811,"date":"2017-02-13T13:06:42","date_gmt":"2017-02-13T18:06:42","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=25811"},"modified":"2017-02-13T13:09:12","modified_gmt":"2017-02-13T18:09:12","slug":"wapo-can-federal-agents-detain-citizens-at-border-checkpoints-until-they-disclose-their-smartphone-passcodes","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=25811","title":{"rendered":"WaPo: Can federal agents detain citizens at border checkpoints until they disclose their smartphone passcodes?"},"content":{"rendered":"<p>WaPo: <a href=\"https:\/\/www.washingtonpost.com\/news\/volokh-conspiracy\/wp\/2017\/02\/13\/can-federal-agents-detain-citizens-at-border-checkpoints-until-they-disclose-their-smartphone-passcodes\/?utm_term=.45a1cb390ce6\">Can federal agents detain citizens at border checkpoints until they disclose their smartphone passcodes?<\/a> by Orin Kerr:<\/p>\n<blockquote><p>The Verge has a story about the recent border-crossing experience of a U.S. citizen, Sidd Bikkannavar, who is an employee at NASA\u2019s Jet Propulsion Laboratory. On a return flight from a personal trip to Chile on Jan. 30, Bikkannavar was allegedly detained by employees of the U.S. Customs and Border Patrol (CBP) and \u201cnot allowed to leave\u201d until he told CBP the passcode to the government-issued smartphone he used for work that he carried with him.<br \/>\n<!--more--><br \/>\nA few people have sent me the story and wondered whether the government has the authority to do that. The short answer is that they can\u2019t hold a person forever on that basis, but that it\u2019s not entirely clear whether they can detain a person for a few hours based on it. It seems like a somewhat tricky question. Here are a few tentative thoughts on why.<\/p>\n<p>. . .<\/p>\n<p>First, CBP probably had the authority to search the phone. Courts have disagreed on what the standard is for searching computers at the border. <\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>WaPo: Can federal agents detain citizens at border checkpoints until they disclose their smartphone passcodes? by Orin Kerr: The Verge has a story about the recent border-crossing experience of a U.S. citizen, Sidd Bikkannavar, who is an employee at NASA\u2019s &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=25811\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[10,5],"tags":[],"class_list":["post-25811","post","type-post","status-publish","format-standard","hentry","category-border-search","category-cell-phones"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25811","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=25811"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25811\/revisions"}],"predecessor-version":[{"id":25814,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25811\/revisions\/25814"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=25811"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=25811"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=25811"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}