...searched without probable cause, or even reasonable suspicion.
~~~
Who decided that this is fact? The author?
They picked him completely at random to search his phone?
I doubt it.
Does it smack of civil rights violation, if say, it happened at a traffic stop, or worse, in a private residence, anywhere that a reasonable expectation of privacy is in place? Yes. But this is international air travel. Anyone who goes through TSA already understands they are willing giving up certain rights to privacy.
Yes, they absolutely do choose people at random, in fact, they’re generally required to do so in order to avoid “racial profiling.”
That is an irrelevant point, aimed at ginning up an emotional response on the part of the reader. Those legalities have no play in a border crossing. I've been "randomly selected" many times. Waste of time and effort for all involved, but they have to do what they have to do.
As for not allowing him in, government is emphatically the least fair aspect in our lives. He should be grateful he wasn't hauled into one of our famous kangaroo courts and ordered to surrender all his wealth.
Well, for one thing, this is considered a Border Search. Border Searches are not just done on the Southern and Northern Borders. Every, International Airport, in the United States is considered a border location. Only until you have your passport and visa checked/approved and you clear Customs, are you considered in the United States. Until then, you might as well be on the Mexican side of the border, waiting to get into Texas.
Because of that, the law, upheld by SCOTUS, allows “warrantless searches” at Border Crossings or entry into the US. Neither CBP, nor ICE, needs Probable Cause to search Charles’ bag, yours or mine.
Until you are officially admitted into the US you have no rights. Customs can search anything in your possession including your phone and computer. Even US citizens are not immune from questioning and searches.
When I returned to the states in 2003 I was questioned about why I was coming to the states and how long I planned to stay since mu permanent address is the Philippines. Most ex-pats ddon’t take their mobile phones with them to the US, (roaming charges are too high). Computers can be another issue if you have pirated movies, songs or programs, (which is common in Asia).
Frequently the traveler sets off bells with the way he/she is acting, (nervous, pacing, not clearly answering questions, etc.). The agent will then take a closer look at the person and baggage to ensure that there are no issues.