Category Archives: Border search

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

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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

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CA3: Cabin search of cruise ship at border non-routine, but QI granted here

This is a suit over a 2008 search at USVI port of the plaintiff’s cabin on the Adventure of the Seas cruise ship. Plaintiff was in the Treasury Enforcement Communications System (TECS), a CBP database for intel, from prior travels … Continue reading

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techdirt: CBP Will Search You And Your Property If You’re Paying Too Much Attention To An Agent. Or Too Little.

techdirt: CBP Will Search You And Your Property If You’re Paying Too Much Attention To An Agent. Or Too Little. by Tim Cushing:

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D.V.I.: Court doubts legal authority for border searches from mainland to VI, but GFE applies

The court doubts the legal basis for customs searches of people traveling nonstop from the U.S. mainland to the Virgin Islands because there is no international travel. Reliance on the V.I. Code doesn’t provide any real help to the government. … Continue reading

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D.Minn.: Border search of love letter in car led to more inquiries and then finding CP

A secondary search at the border can still be “routine” depending on its intensity. In this district, “routine” deals with searches of the person. Here, it was a search of a letter in the car that was a basically love … Continue reading

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engadget: New lawsuit shows your phone is unsafe at American borders

engadget: New lawsuit shows your phone is unsafe at American borders by Violet Blue: CBP = Customs and Border Profiling

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Gizmodo: Woman Sues Border Agents to Make Them Return Data They Seized From Her Phone

Gizmodo: Woman Sues Border Agents to Make Them Return Data They Seized From Her Phone by Melanie Ehrenkranz:

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WaPo: In horrifying detail, women accuse U.S. customs officers of invasive body searches

WaPo: In horrifying detail, women accuse U.S. customs officers of invasive body searches by Susan Ferriss, Center for Public Integrity:

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S.D.Cal.: Cell phone was validly searched under border search exception; obtaining passcode was likely unlawful, but government isn’t going to use it

Defendant was arrested at Calexico for importing meth. While in the holding cell, she gave up the password for the cell phone. The government isn’t going to use her revealing the password as evidence, but it wants to use the … Continue reading

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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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