Category Archives: Border search

S.D.Tex.: Warrantless search of cell phone six years after border crossing violated 4A

Defendant crossed the border in July 2012, and his phone was seized and somewhat analyzed. On the eve of trial in July 2018, the government did a full search without a warrant. Defendant moves to suppress, and it’s granted. The … Continue reading

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TX8: Hospital can’t be sued under § 1983 for medical negligence and battery in conducting intensive body, pelvic, and rectal searches for CBP that produced nothing at all

Plaintiff, an El Paso resident, was stopped at the border coming into El Paso from visiting a friend and subjected to several searches for drugs, including taking her to the appellant hospital for x-rays and a pelvic exam. Nothing was … Continue reading

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NACDL: Riling Up the Border Search Doctrine: Litigating Searches of Digital Content at Our Ports of Entry

NACDL, The Champion: Riling Up the Border Search Doctrine: Litigating Searches of Digital Content at Our Ports of Entry by Aisha J. Dennis, The Champion 40-46 (Mar. 2018)

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Lawfare: Summary: Circuit Split on Device Searches at the Border in US v. Touset

Lawfare: Summary: Circuit Split on Device Searches at the Border in US v. Touset by Grayson Clary:

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S.D.Fla.: Consent to giving up passwords at border irrelevant since CBP can search anyway

In a border search case, defendant’s consent to produce his passwords doesn’t matter because the government has the authority to conduct a search of incoming electronic equipment. United States v. Vallerius, 2018 U.S. Dist. LEXIS 85620 (S.D. Fla. May 1, … Continue reading

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CA4: Forensic border search of cell phone “non-routine” but GFE applies

An intensive forensic search of an outbound noncitizen’s cell phone required at least reasonable suspicion and maybe a warrant under Riley. Case law, however, uniformly says not at the time this happened, so the search is valid under the good … Continue reading

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WaPo: She saved thousands to open a medical clinic in Nigeria. U.S. Customs took all of it at the airport.

WaPo: She saved thousands to open a medical clinic in Nigeria. U.S. Customs took all of it at the airport. by Meagan Flynn: The questioning threw her off guard. She explained she had legally earned the money and she was … Continue reading

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CA5: Def’s cell phone apps scan at border was supported by PC

“After discovering kilos of meth in the suitcase Maria Isabel Molina-Isidoro was carrying across the border, customs agents looked at a couple of apps on her cell phone. Molina argues that the evidence found during this warrantless search of her … Continue reading

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Gizmodo: Man Sues Feds After Finding Spy Camera on His Property and Refusing to Give It Back

Gizmodo: Man Sues Feds After Finding Spy Camera on His Property and Refusing to Give It Back by Sidney Fussell:

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Vox: Why Border Patrol agents can board a bus or train and ask if you’re a citizen

Vox: Why Border Patrol agents can board a bus or train and ask if you’re a citizen by Alexia Fernández Campbell

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Just Security: “Dehumanized” at the Border, Travelers Push Back

Just Security: “Dehumanized” at the Border, Travelers Push Back by Carrie DeCell:

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ABAJ: Traveling lawyers get new protections in device searches at border

ABAJ: Traveling lawyers get new protections in device searches at border by Lee Rawles. The ABA is meeting soon in Vancouver. What about protecting privileged information at Customs when they return:

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