Goodbye Fourth Amendment: Homeland Security Affirms "Suspicionless" Confiscation Of Devices Along Border

Tyler Durden's picture

Slowly but surely the administration is making sure that both the US constitution, and its various amendments, become a thing of the past. In the name of national security, of course. And while until now it was the First and Second amendments that were the target of the administration's ongoing efforts to eavesdrop on anyone, all the time, in order to decide who may be a domestic terrorist and thus fit for 'droning', coupled with an aggressive push to disarm and curtail the propagation of weapons in what some perceive is nothing more than an attempt to take away a population's one recourse to defend itself against a tyrannical government, the time may be coming to say goodbye to the Fourth amendment - the right to be free from unreasonable searches and seizures - next. But only in close proximity to the border at first. According to Wired, "the Department of Homeland Security’s civil rights watchdog has concluded that travelers along the nation’s borders may have their electronics seized and the contents of those devices examined for any reason whatsoever — all in the name of national security."

More on America's quest, by a very select few, to one by one extinguish its civil liberties from Wired:

The DHS, which secures the nation’s border, in 2009 announced that it would conduct a “Civil Liberties Impact Assessment” of its suspicionless search-and-seizure policy pertaining to electronic devices “within 120 days.” More than three years later, the DHS office of Civil Rights and Civil Liberties published a two-page executive summary of its findings.


“We also conclude that imposing a requirement that officers have reasonable suspicion in order to conduct a border search of an electronic device would be operationally harmful without concomitant civil rights/civil liberties benefits,” the executive summary said.


The memo highlights the friction between today’s reality that electronic devices have become virtual extensions of ourselves housing everything from e-mail to instant-message chats to photos and our papers and effects — juxtaposed against the government’s stated quest for national security.

And before this becomes yet another red vs blue scream fest, where the underlying fact is ignored in the name of proving the validity of one's ideological convictions, the reality is that the eradication of the Fourth Amendment started with Bush, and has merely accelerated under Obama.

The President George W. Bush administration first announced the suspicionless, electronics search rules in 2008. The President Barack Obama administration followed up with virtually the same rules a year later. Between 2008 and 2010, 6,500 persons had their electronic devices searched along the U.S. border, according to DHS data.

What does this decision mean in principle:

According to legal precedent, the Fourth Amendment — the right to be free from unreasonable searches and seizures — does not apply along the border. By the way, the government contends the Fourth-Amendment-Free Zone stretches 100 miles inland from the nation’s actual border.

100 miles today, 1,000 miles tomorrow, and the entire nation the day after. Though no need: as the attached map also from Wired shows, the "borders" in question include maritime as well, and with the bulk of the US population concentrated along the coasts, the "constitution free" zone of the US includes virtually everyone living on the two seaboards: some 66% of the US population!

For those still confused, luckily there is a case study:

A lawsuit the ACLU brought on the issue concerns a New York man whose laptop was seized along the Canadian border in 2010 and returned 11 days later after his attorney complained.


At an Amtrak inspection point, Pascal Abidor showed his U.S. passport to a federal agent. He was ordered to move to the cafe car, where they removed his laptop from his luggage and “ordered Mr. Abidor to enter his password,” according to the lawsuit.


Agents asked him about pictures they found on his laptop, which included Hamas and Hezbollah rallies. He explained that he was earning a doctoral degree at a Canadian university on the topic of the modern history of Shiites in Lebanon.


He was handcuffed and then jailed for three hours while the authorities looked through his computer while numerous agents questioned him, according to the suit, which is pending in New York federal court.

First they came for your iPad, and nobody said anything...

In other news, the rest of the world now openly hates America for its relentless and ever accelerating loss of freedoms. All "in the name of the national security" bogeyman of course.

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lolmao500's picture

One more reason to never visit the US ever again till the American people rise up and there's a statist body hanging from every tree in sight.

12ToothAssassin's picture

What could possibly go wrong?

idea_hamster's picture

I assume when they say "100 miles from the border" they also mean the coast line -- because why wouldn't you, right? --  which means pretty much every major city that means anything just kissed their Fourth Amendment rights goodbye.

Thank you, and good night.

holdbuysell's picture

Yes, to your question, according to one of the articles embedded by Wired. I posted below on this. Here's the article link:

CPL's picture

holy fuck.  That's completely insane.

ACP's picture

Hey the water is getting a little warm in my little metal house of water.

Eh, must be nothing. I'll worry about it when the water starts boiling.

Manthong's picture

 “That's completely insane.”

Actually it is totally sane, sound and logical.. from the perspective of a despotic, totalitarian state.

dog breath's picture

These are not the drones you're looking for.  Move along.

SafelyGraze's picture

"travelers along the nation’s borders may have their electronics seized .. for any reason whatsoever"

.. after which, they will need to buy replacements

bullish iphone6

GetZeeGold's picture



He's cool.....he just has guns and drugs.

DOT's picture

The map does not show the " International" ports on the Mississippi River system or the "International" Airports.  "Within one hundred miles" now becomes virtually the entire lower 48.

But  then, once they want you, they will go any where and do anything.





Muddy1's picture

"If we lose freedom here, there's no place to escape to. This is the last stand on earth."  Ronald Reagan, October 24, 1964




nmewn's picture

Yes Mr.Frog, nothing to worry about, dinners almost ready ;-)

"DHS spokesman Jason Ciliberti says the ACLU’s description of the zone as "Constitution-Free" couldn’t be further from the truth and that the check points follow rules set by Supreme Court rulings.

"We don’t have the abilitty? to just set up checkpoints willy-nilly," Ciliberti said. "The Supreme Court has determined that brief investigative encontuers do not constitute a serach? or seizure."

Jason Ciliberti

Jason Ciliberti

Jason Ciliberti

jeff montanye's picture

jason seems at war with his own name.

nmewn's picture

Its time to call them name.

They will not be given the opportunity or the luxury to say they were "just doing their job for the state"...that shit don't fly with brush with fascist ideology per "thousand year Reichs" is enough.


I noted the mispellings in Jason's "quote" to the observant.

Just sayin ;-)

XitSam's picture

+1776 to you nmewn

Jason Ciliberti Enemy of Freedom


DoChenRollingBearing's picture

@ xitsam & nmewn

Right, naming names...  My next hobby?



Jason Ciliberti

Jason Ciliberti

Jason Ciliberti


While we're at it:

Jon Corzine

Jon Corzine

Jon Corzine



your neighbor's picture

It begun last week. Mr. Dorner is doing his part and he did name names. We think we know some of the criminals in politics and finance while Mr. Dorner knows the criminals in his sphere.

I know hes the real thing because even info wars is just glossing over the topic. TPTB can't and will not allow the public to be awaken by this man. So they just have the media portray this as a red/blue - gun/no gun issue.

All bullshit.

How many comments did I read here about the cowardly europeans that flamed out but instead should have done this or that? Its happening guys.... wake the fuck up!

WarriorClass's picture

Does anyone know who Jim Stone is? I found this story on his web page:

"The original was posted in PDF format, he did not write it to his page, it was a PDF linked through his page, and it was 100 percent soul and grit, not a rant about gun control and idolized celebrities."

Perhaps there is more to the story than what is being reported.

TwiceBitten's picture

Not sure about Jim Stone but I think he is the guy who claims Fukishima/tsunami there was caused by purposely planted nukes. What I do know is that pdf is not Dorner's full rant and has been edited. There are multiple pages missing. You can find the whole thing on pastebin.

I don't have time to analyze wherte edits were made but the part below is the pro gun ban part that's been edited out (and the "manifesto" goes on to talk about everybody he ever knew, every musician, actor, comedian and politician he ever liked/disliked, etc.):

"If you had a well regulated AWB, this would not happen. The time is now to reinstitute a ban that will save lives. Why does any sportsman need a 30 round magazine for hunting? Why does anyone need a suppressor? Why does anyone need a AR15 rifle? This is the same small arms weapons system utilized in eradicating Al Qaeda, Taliban, and every enemy combatant since the Vietnam war. Don’t give me that crap that its not a select fire or full auto rifle like the DoD uses. That’s bullshit because troops who carry the M-4/M-16 weapon system for combat ops outside the wire rarely utilize the select fire function when in contact with enemy combatants. The use of select fire probably isn’t even 1% in combat. So in essence, the AR-15 semiautomatic rifle is the same as the M-4/M-16. These do not need to be purchased as easily as walking to your local Walmart or striking the enter key on your keyboard to "add to cart". All the firearms utilized in my activities are registered to me and were legally purchased at gun stores and private party transfers. All concealable weapons (pistols) were also legally register in my name at police stations or FFL's. Unfortunately, are you aware that I obtained class III weapons (suppressors) without a background check thru NICS or DROS completely LEGALLY several times? I was able to use a trust account that I created on quicken will maker and a $10 notary charge at a mailbox etc. to obtain them legally. Granted, I am not a felon, nor have a DV misdemeanor conviction or active TRO against me on a NCIC file. I can buy any firearm I want, but should I be able to purchase these class III weapons (SBR's, and suppressors) without a background check and just a $10 notary signature on a quicken will maker program? The answer is NO. I'm not even a resident of the state i purchased them in. Lock n Load just wanted money so they allow you to purchase class III weapons with just a notarized trust, military ID. Shame on you, Lock n Load. NFA and ATF need new laws and policies that do not allow loopholes such as this. In the end, I hope that you will realize that the small arms I utilize should not be accessed with the ease that I obtained them. Who in there right mind needs a fucking silencer!!! who needs a freaking SBR AR15? No one. No more Virginia Tech, Columbine HS, Wisconsin temple, Aurora theatre, Portland malls, Tucson rally, Newtown Sandy Hook. Whether by executive order or thru a bi-partisan congress an assault weapons ban needs to be re-instituted. Period!!!
Mia Farrow said it best. "Gun control is no longer debatable, it's not a conversation, its a moral mandate."
Sen. Feinstein, you are doing the right thing in leading the re-institution of a national AWB. Never again should any public official state that their prayers and thoughts are with the family. That has become cliche' and meaningless. Its time for action. Let this be your legacy that you bestow to America. Do not be swayed by obstacles, antagaonist, and naysayers. Remember the innocent children at Austin, Kent, Stockton, Fullerton, San Diego, Iowa City, Jonesboro, Columbine, Nickel Mines, Blacksburg, Springfield, Red Lake, Chardon, Aurora, and Newtown. Make sure this never happens again!!!
In my cache you will find several small arms. In the cache, Bushmaster firearms, Remington precision rifles, and AAC Suppressors (silencers). All of these small arms are manufactured by Cerberus/Freedom Group. The same company responsible for the Portland mall shooting, Webster , NY, and Sandy Hook massacre."




nmewn's picture

That is correct.

Dorner is a disaffected statist, not any hero of the common man, no matter what their color is. Its rather like a palace guard going is at a loss in deciding who to root for or against ;-)

FeralSerf's picture

The  same could be said of George Washington.  The similarity probably ends there.

If the PTB aren't careful, Dorner may become a (posthumously) legendary leader of a violent revolutionary movement not unlike Che.  He has many of the same traits as a very large minority of disaffected Los Angelenos.  They have caused notable disturbances in the past.

nmewn's picture

"The same could be said of George Washington. The similarity probably ends there."

Probably so FS.

Many times we (all of us) try to find greater meaning in the personal actions of one individual. He's not calling for revolution. By all appearnces its only for himself and what he see's as a personal injustice done to him. He can wrap a lot of crap up in his head & rants to "justify to himself" he's doing the right thing for everyone but he had to know innocents would get caught up in it too...and they did.

I read his screed...revolutionaries don't target the innocent.

FeralSerf's picture

Au contraire!  Revolutionaries do target innocents, and many died too.  Do you think only the guilty were killed by Lenin, Castro, the 1971 French, and Cromwell?

WarriorClass's picture

Noted.  Thanks for the info.

Overfed's picture

He's makin' a list, and checkin' it twice.....

XitSam's picture

Think local. List local.

MagicHandPuppet's picture

A list of specific people who have demonstrated that they are enemies of liberty should help make sure that the correct heads roll when the time comes.

bunnyswanson's picture

That would be any politician who accepts donations from AIPAC.

Ad related to AIPAC who hiliary clinton john mccain barack ... This ad is based on your current search terms.

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toxic8's picture


First they came for the communists,
and I didn't speak out because I wasn't a communist.

Then they came for the socialists,
and I didn't speak out because I wasn't a socialist.

Then they came for the trade unionists,
and I didn't speak out because I wasn't a trade unionist.

Then they came for me,
and there was no one left to speak for me.




My response called BREAD & CIRCUSES [lyrical] flow starts @ 2:00

Muddy1's picture

 "without firing a shot"

"a house divided shall not stand"


Debt-Is-Not-Money's picture

"holy fuck.  That's completely insane."

No, it's high treason!

Colonel Klink's picture

Actually it's not "treason" as defined.  It falls under "high crimes and misdemeanors" against the American people.

We as citizens should start charging our political elite with these very crimes!!!

Pass it around.

WarriorClass's picture

Shoot anyone that would steal your property.

chubbar's picture

Here's some more insanity by Obama over the weekend.

"Obama Waives Bush Law Banning Child Soldiers

Here’s a headline we’ll guarantee you simply won’t find in the mainstream media –

On October 3, 2008, President George W. Bush signed into law “Child Soldiers Prevention Act of 2008,” a law that made it a federal crime to recruit or use soldiers under the age of 15. The law also gave the United States authority to “prosecute, deport or deny entry to individuals who have knowingly recruited children as soldiers.”

The bipartisan law, which was passed unanimously by both houses of Congress, drew the applause of several international human rights organizations:

“The US is saying to the world that using child soldiers is a serious crime and that it will take action,” said Jo Becker, children’s rights advocate for Human Rights Watch. “Military commanders who use children can no longer come to the United States without the risk of ending up in jail.”

Over the weekend, while most Americans were too busy spending time with their children and keeping up with the latest sporting events to worry about executive orders, President Obama removed the teeth from this law; effectively making it void in the nations most guilty. The result - thousands of children throughout the Middle East and Africa may be drafted into foreign militaries, with the full blessings of the United States.

Sunday afternoon, President Obama signed a Presidential memorandum, stating the following:
“I hereby determine that it is in the national interest of the United States to waive the application of the prohibition in section 404(a) of the CSPA [Child Soldiers Prevention Act of 2008] with respect to Libya, South Sudan, and Yemen… and the issuance of licenses for direct commercial sales of U.S. origin defense articles; and I hereby waive such provisions accordingly.”

Section 404(a) deals with exporting arms to countries that allow child-soldiers.

With the stroke of a pen, President Obama did two very frightening things:

1. He authorized the United States to sell military weaponry to the nations of Libya, South Sudan, Yemen and Congo.

At a time with such unrest in the world, there is now a very significant chance that American weaponry will soon be delivered to a Yemen and Libyan port.

2. President Obama has undone much of the progress made in the fight against child-soldiers won over the past decade. Jesse Eaves, a senior policy advisor for child protection at World Vision stated the following:
“At a time when Congress is locked in one of the most difficult budget battles I’ve ever seen, it is shameful that a portion of federal funding continues to help support governments who are abusing children. At its core, this is a missed opportunity to show leadership on this issue and protect thousands of vulnerable children around the world,” adding, “Frankly, we expected more from our nation’s leaders.”

Unfortunately, as originally stated, this is a headline that you simply will not see ran across the screen of MSNBC."

chubbar's picture

Here's another jewel.

"President Barack Obama’s newly-named nominee to run the Department of the Interior, REI CEO Sally Jewell, sought and received a waiver from Obamacare requirements for her outdoor clothing and equipment company in 2011.

The Washington Examiner’s Charlie Spiering dug up the revelation Thursday, noting that Obama welcomed Jewell to the White House in 2009 to jointly argue for the passage of Obamacare.

Obama held REI up as a model company.


“And then REI, which has to be fit since they’re a fitness company,” Obama joked during the White House meeting on May 12, 2009, “has been doing work that allows them to provide health care coverage, health insurance, not only to their full-time employees but also their part-time employees. Every single employee is covered, but part of the reason they’re able to do it is because they put a big emphasis on prevention and wellness.”

Two years later, Jewell secured an exemption from the law for REI.

REI received an Obamacare waiver around the same time that nearly 20 percent of the businesses in House Minority Leader Nancy Pelosi’s Northern California district received waivers.

Read more:

Shell Game's picture

Fucking insiderism jism


It's time to channel Vlad...

Buckaroo Banzai's picture

"We reward our friends, and punish our enemies."

Shell Game's picture

We're all terrorist now Banzai, unless you know the Praetorian Class handshake...

Dewey Cheatum Howe's picture

You know this is the reason why Ambassador Stevens was allowed to be killed in Benghazi.

First the actual law

Child Soldiers Prevention Act of 2008

The section in question being lifted for Libya.

(a) IN GENERAL.—Subject to subsections (b), (c), and (d), the authorities contained in section 516 or 541 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j or 2347) or section 23 of the Arms Export Control Act (22 U.S.C. 2763) may not be used to provide assistance to, and no licenses for direct commercial sales of military equipment may be issued to, the government of a country that is clearly identified, pursuant to subsection (b), for the most recent year preceding the fiscal year in which the authorities or license would have been used or issued in the absence of a violation of this title, as having governmental armed forces or government- supported armed groups, including paramilitaries, militias, or civil defense forces, that recruit and use child soldiers.

Put it together with this.

Ambassador Christopher Stevens and three other Americans at the hands of the very anti-Qaddafi rebels that Stevens formally liaised with for the CIA.

It wasn’t a secret that Ambassador Christopher Stevens played a key role in Libya’s “Arab Spring.” During the course of the revolution that ultimately toppled Muammar Qaddafi, Stevens’ built a relationship with the Libyan rebels and it’s this experience that made him the frontrunner for the Libyan ambassadorship. Stevens’ history of working with Libyan radicals provided the perfect opportunity for the Obama administration to covertly move newly purchased weapons from Libya’s freedom fighters to Syrian insurgents via ships through Turkey.

In March 2011 Stevens became the official U.S. liaison to the al-Qaeda-linked “Libyan opposition, working directly with Abdelhakim Belhadj of the Libyan Islamic Fighting Group—a group that has now disbanded, with some fighters reportedly participating in the attack that took Stevens' life.”

Former CIA officer Clare Lopez said, “That means Stevens was authorized by the U.S. Department of State and the Obama administration to aid and abet individuals and groups that were, at a minimum, allied ideologically with al-Qaeda, the jihadist terrorist organization that attacked the homeland on the first 9/11, the one that’s not supposed to exist anymore after the killing of its leader, Osama bin Laden, on May 2, 2011.”

Obama’s weapon buyback program in Libya

Couple this with the weapon buyback program offered by the Obama administration and there’s a recipe for catastrophe.


The smart ones here can put together the dots and why Benghazi went on for 7 hours and no extraction teams were sent in. If there are any truely uncorrupt people on the inside, the documents if they ever get to the committies should back up this narrative. Add in them kneecapping Petraeus along with Hillary bumping her head in the shower you now know what they are hiding. We are potentially looking at if the assertations are correct something bigger than the Iran Contra scandal in the 80s.

Here is the Whitehouse Executive order making the crime legal after the fact.

Dewey Cheatum Howe's picture

I'm no legal expert but if everything is as I suspect then this is grounds for impeachment. Something that will effectively halt the assault on civil liberties and dismantling of the Constitution in the name of National Security.

You truth seekers know what you need to do.............

JOYFUL's picture

Please return your gaze to the map provided, and realize that what your are seeing is a knotted cord, secured around the contiguous states of the Union, which will be pulled from above in a choking action by which all within the contained area will be rendered free of all further worry about infringements of their personal liberties...or anything at all.

This is not a test. Feel free to be alarmed.

XitSam's picture

Absolutely. They arbitrarily picked 100 miles. There is nothing magical about 100 miles, why not 25 miles or 115 miles? The very existence of an arbitrary decision that "here the Constitution does not apply" proves it is invalid. 

NumNutt's picture

I can see the future histroy books now    ....... "and the one they new as 'NumNutt' raced through the countryside on his 4 wheeler while yelling and texting to everyone "THE FEDERALS ARE COMMING! THE FEDERALS ARE COMMING!...The alarm was sounded and the nanosecond men responded in great numbers and the first shot was heard around the world..." . It is all the same, history repeats itself, just the players have different names...

Freddie's picture

Wired?  20-30 something geek magazine.  Those young-uns love Hope & Tyranny.  They voted for it.

GetZeeGold's picture



Forgive them for they know not what they do.......thank you NEA.


Mission Accomplished.

Shell Game's picture

@Freddy,  yeah, and like a schmuck I "voted for it" in 2004.  Betrayal is the fastest way to wake the fuck up.


High horse, get off of it..

WarriorClass's picture

No, the Diebold voting machines voted for it, along with 13% of the population.