Category Archives: Border search

W.D.Tex.: Cell phone search at border crossing was by consent

Defendant was a regular at the Americas bridge port of entry at El Paso being a community college student and an El Paso Walmart employee. One time, he rejected sending his car through the x-ray machine, and his cell phone … Continue reading

Posted in Border search, Cell phones, Consent | Comments Off on W.D.Tex.: Cell phone search at border crossing was by consent

WaPo: Hacked documents reveal sensitive details of expanding border surveillance

WaPo: Hacked documents reveal sensitive details of expanding border surveillance by Drew Harwell: Far more information was taken in the hack of a Customs and Border Protection contractor than U.S. officials have acknowledged.

Posted in Border search, Surveillance technology | Comments Off on WaPo: Hacked documents reveal sensitive details of expanding border surveillance

ME: No standing in co-conspirator’s CSLI even when they were tracked together

Defendant lacked standing to contest the CSLI acquisition of his co-conspirator’s cell phone when the police were looking for both. The same rule applies to his Fourth Amendment claim and his claim under Maine’s Electronic Device Location Information Act. State … Continue reading

Posted in Automobile exception, Border search, Cell site location information, Standing | Comments Off on ME: No standing in co-conspirator’s CSLI even when they were tracked together

Law360: Border Phone Search Questions Continue In Fed. Court

Law360: Border Phone Search Questions Continue In Fed. Court: Can the federal government confiscate, search and retain your cellphone at the border for no reason at all?

Posted in Border search, Cell phones | Comments Off on Law360: Border Phone Search Questions Continue In Fed. Court

EFF: Seventh Circuit Dodges an Opportunity to Protect Travelers from Invasive Border Searches of Electronic Devices

EFF: Seventh Circuit Dodges an Opportunity to Protect Travelers from Invasive Border Searches of Electronic Devices by Saira Hussain & Sophia Cope:

Posted in Border search, Digital Searches | Comments Off on EFF: Seventh Circuit Dodges an Opportunity to Protect Travelers from Invasive Border Searches of Electronic Devices

CNET: DHS gave border agents free rein over thousands of warrantless device searches

CNET: DHS gave border agents free rein over thousands of warrantless device searches by James Martin: Border agents conducted more than 33,000 device searches in 2018. Court records show they were allowed to share what they found with other government … Continue reading

Posted in Border search | Comments Off on CNET: DHS gave border agents free rein over thousands of warrantless device searches

CNET: US border search demand violated Apple employee’s constitutional rights, ACLU says

CNET: US border search demand violated Apple employee’s constitutional rights, ACLU says by Steven Shankland:

Posted in Border search, Cell phones | Comments Off on CNET: US border search demand violated Apple employee’s constitutional rights, ACLU says

D.S.C.: Forced catheterization of children for UA stated a 4A claim

Plaintiff stated a claim that forced catheterization of her children for a UA was a Fourth Amendment violation. Whether there was consent in the face of an alleged threat to take the children without a UA also goes to a … Continue reading

Posted in Border search | Comments Off on D.S.C.: Forced catheterization of children for UA stated a 4A claim

Reason: Border Agents Detained a 9-Year-Old U.S. Citizen for 30+ Hours

Reason: Border Agents Detained a 9-Year-Old U.S. Citizen for 30+ Hours by Joe Setyon:

Posted in Border search, Immigration arrests | Comments Off on Reason: Border Agents Detained a 9-Year-Old U.S. Citizen for 30+ Hours

CA7: SW not required by Riley and Carpenter for cell phone and computer searches at border

The Seventh Circuit finds that the border search exception was not affected by Riley and Carpenter such that a search warrant is required for search of electronics at the border. United States v. Wanjiku, 2019 U.S. App. LEXIS 8154 (7th … Continue reading

Posted in Border search, Cell phones, Franks doctrine | Comments Off on CA7: SW not required by Riley and Carpenter for cell phone and computer searches at border

D.D.C.: Officers’ testimony about smell of PCP was too equivocal to be reliable

The officers’ testimony about allegedly smelling PCP when they stopped defendant was too equivocal through the hearing to be reliable. A patdown of defendant off that alleged smell produced a gun in his pocket. Defendant’s alleged consent to the patdown … Continue reading

Posted in Anticipatory warrant, Border search, Reasonable suspicion | Comments Off on D.D.C.: Officers’ testimony about smell of PCP was too equivocal to be reliable

CA5: No RS for def’s stop on totality <50 miles from border

There was no reasonable suspicion on the totality for defendant’s stop less than 50 miles from the U.S.-Mexico border in Texas. Officer’s experience was too limited to provide much of anything. United States v. Freeman, 2019 U.S. App. LEXIS 2622 … Continue reading

Posted in Border search, Reasonable suspicion | Comments Off on CA5: No RS for def’s stop on totality <50 miles from border