Appeals Court Strengthens Warrantless Searches at Border
[QUOTE=Mr Enternational;1157847]I have read about people's computers being search but I honestly don't believe it. As much as I travel nothing like that has ever happened to me. I have been directed to agriculture a few times in which all you do is put your bag through the x-ray machine and I have had to do a secondary inspection once back in March arriving from Colombia into JFK.[/QUOTE]Appeals Court Strengthens Warrantless Searches at Border.
By David Kravets.
Wired. Com.
April 4, 2011 | 5:07 pm.
[url]http://www.wired.com/threatlevel/2011/04/border-search/[/url]
The authorities may seize laptops, cameras and other digital devices at
The USA border without a warrant, and scour through them for days
Hundreds of miles away, a federal appeals court ruled.
The 2-1 decision (. Pdf) Wednesday by the 9th USA Circuit Court of
Appeals comes as the government is increasingly invoking its broad,
Warrantless search-and-seizure powers at the USA border to probe the
Digital lives of travelers.
Under the 'border search exception' of United States law, international
Travelers, including USA citizens, can be searched without a warrant as
They enter the country. Under the Obama administration, law enforcement
Agents have aggressively used this power to search travelers' laptops,
Sometimes copying the hard drive before returning the computer to its owner.
Courts have ruled that such laptop searches can take place even in the
Absence of any reasonable suspicion of wrongdoing, and more than 6, 500
Persons have had their electronic devices searched in this manner since
October 2008.
The issue has gained renewed attention in recent months as American
Computer geeks connected to WikiLeaks, or who know people connected with
WikiLeaks, have found themselves repeatedly singled out for the searches.
At issue in the case decided Wednesday was the prosecution of a
California man on child pornography charges. In 2007, ICE agents seized
Three laptops and a camera from convicted child molester Howard
Cotterman, and transported them 170 miles away for a two-day search that
Uncovered hundreds of child porn images.
A lower court judge threw out the evidence, finding that the border
Exception did not apply when the search went beyond the border area.
The government appealed. Cotterman's lawyers argued that law enforcement
Should only be allowed to search digital devices at points of entry
Where they have the necessary equipment and personnel on hand.
'We find this position simply untenable, ' 9th Circuit Judge Richard
Tallman wrote for the majority, reinstating the evidence. Limiting
Searches 'would only reward those individuals who, either because of the
Nature of their contraband or the sophistication of their criminal
Enterprise, hide their contraband more cleverly or would be inclined to
Seek entry at more vulnerable points less equipped to discover them. '
The court also affirmed that 'particularized suspicion' was not required
For a border search.
In dissent, Judge Betty Fletcher wrote that the government should have
Had a better reason to search Cotterman other than him being a convicted
In 1992 of child molestation.
'I add my voice to the chorus lamenting the apparent demise of the
Fourth Amendment, ' Fletcher wrote.
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