Wednesday, December 19, 2018

When Customs and Border Protection Wants to See Your Cell Phone

Last Thursday's post: Your Mobile Device Could Spill Its Guts (and worse) Get You Arrested  

Today: Man sues feds after being detained for refusing to unlock his phone at airport 

A Southern California man has become the latest person to sue the federal government over what he says is an unconstitutional search of his phone at the Los Angeles International Airport.

According to his lawsuit, which was recently filed in federal court in Los Angeles, Haisam Elsharkawi had arrived at LAX on February 9, 2017 and was headed to Saudi Arabia to go on a hajj, the Muslim religious pilgrimage...

Officer Rodriguez, began searching Elsharkawi’s pockets and discovered his phone. Rodriguez asked Elsharkawi to unlock his phone, which he declined to do. He then also refused to answer further questions without having an attorney present...

Elsharkawi was taken to a holding cell...

Yet another officer entered the scene, identified in the civil complaint as "Officer Jennifer," who again began questioning Elsharkawi. Eventually, after some back-and-forth, Elsharkawi "felt he had no choice but to acquiesce and unlocked his phone."

Officer Jennifer began searching his phone and asked Elsharkawi about his eBay and Amazon accounts, and "where he got merchandise for his e-commerce business, and what swap meets he frequents. more