giving airtime to over-the-top nonsense like this isn't the way to do it.
Yes, and no.
The US military (which includes everything from SEAL Team 6 down to your local police officer it seems now) has a concept of "developed capacity is intent to use it." Yes, using this thought process means that since every woman has a vagina, then she has the intent to become a prostitute, which is absurd on it's face.
That's kind of the point here.
If TSA/ICE/some random cop on the beat has the capacity to slurp your phone, then obviously, while the intent might not be there, they certinaly could if they had the slightest reason do to so. Such actions as looking at them. Not looking at them. Appearing nervous. Appearing calm. Being dressed too well. Being dressed poorly. Being dressed differently. Not being dressed differently. Speeding. Not speeding. Going slower than the speed limit. Using a highway. Using back roads.
These are all excuses used in court to preform a "reasonable suspicion" search, including one officer in Georgia that used all of these excuses in a single month. (I'll add there wasn't a single conviction in the bunch, only complaints of rights violations where were dismissed.)
The point is that "over the top" applies not to just viewing with alarm the possibility of police abuse, it's been proven to happen. Frequently. Most often with absolutely no consequence to the officer, department, or state actor involved.
I forget where, but it's been said "If you don't give weight to your principals, then the first wind will carry them off." And I absolutely disagree that constitutional protections "don't apply" to the boarder. Yes, I'm aware that's how courts have ruled, but I am not saying it isn't treated like that, I'm saying it is a break with the honor of our laws to do so. Further, nothing in the constitution or the bill of rights denies civil rights other than voting or holding certain public offices to non-citizens, and it doesn't say "while in the territory of the US". These rights should apply in downtown USA the same as they apply where ever the United States holds defacto jurisprudence, even if it's not our country. In other words, no more "black sites" and "rendition" allowed.
We have been told over and over again that "They hate us for our freedoms", but I don't see that we have many freedoms we can be proud of any more, let alone ones others would envy. Indeed, I think we've done much more damage to ourselves with our "security" stance than the terrorists have done.