FlyerTalk Forums - View Single Post - Avoid Confiscation of Laptop by Removing hard Drive Before Customs?
Old Aug 2, 2008 | 3:23 am
  #40  
polonius
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Join Date: Jul 2007
Location: Doha, Qatar
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Originally Posted by GadgetFreak
Interesting info. Thanks. But one question I have is do you have 5th amendment rights if stopped at customs? You sure dont have rights against the search itself.
That is a completely and totally inaccurate statement. There is a LIMITED "border search exception" to SOME provisions of the 4th Amendment, but that is hardly to say that either a) the 4th amendment doesn't apply at the border or more extremely (as you suggest) that you "dont have rights" at the border. You have the same rights you have anywhere else in the world, a legal concept that has been upheld repeatedly, most recently by the Supreme Court's ruling that Guantanamo Bay is not a "constitution-free zone"
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