This leads to all sorts of "I'm not touching you" shenanigans where getting your data from somewhere else is perfectly fine, so long as they're not performing something that could be called a search on you specifically.
"We don't have enough money to oversee the NSA" - FISA courts
Repeat ad infinitum
The recent act by Congress does not mean it is actually legal to access browsing history without a warrant. It will be interesting to follow the development of this issue through the courts.
While it is true that Trump has appointed a record number of judges during his term, it’s still only about 1 in 4.
As for the Courts of Appeals specifically, it’s about the same. Wikipedia says (as of May 21), he’s appointed 51, of which there’s a total of 179.
: https://www.washingtonpost.com/politics/one-in-every-four-ci... (“Trump nominees make up 1 in 4 U.S. circuit court judges.”)
: https://en.wikipedia.org/wiki/List_of_federal_judges_appoint... (“As of May 21, 2020, the United States Senate has confirmed 196 Article III judges nominated by President Trump, including ... 51 judges for the United States Courts of Appeals, ...”; “There is currently 1 vacancy on the U.S. Courts of Appeals, ...”)
: https://en.wikipedia.org/wiki/United_States_courts_of_appeal... (“There are currently 179 judgeships on the U.S. courts of appeals authorized by Congress in 28 U.S.C. § 43 pursuant to Article III of the U.S. Constitution.”)
Does this mean that it's now sufficient to turn off your phone in the border, and they can't demand to see it?
What you do have is a lot of Americans will defer to LEOs without a second thought.
The government's position is that they do not. The courts have disagreed, especially with respect to using evidence found under such circumstances in criminal cases.
What does worry me is that at the border I have no rights. The usual protections enjoyed by people inside the US don't apply to me. My privacy and dignity at the behest of the whims of whichever border guard I might encounter, and I have zero legal recourse if my rights are violated.
You're right to refuse is still intact but your request to gain entry will almost certainly be denied.
It's a shame that GWB, Condi Rice, Cheney, Tenet, Ashcroft, and Rumsfeld are walking around, on TV, and sitting on boards and none have faced consequences.
(Plain View Doctrine)
(Fruit of the Poisonous Tree) https://en.wikipedia.org/wiki/Fruit_of_the_poisonous_tree