Category Archives: Border search

CA9: Three-month-old information about where probationer lived wasn’t stale for probation search

Probation officers could rely on a three-month-old list that showed defendant’s brother lived there and he was on probation. The list was not stale because there was no suggestion the brother’s tenancy was transitory. Defendant’s claim the probation search as … Continue reading

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D.Mass.: Border searches of electronic devices are non-routine, and they require reasonable suspicion

Border searches of electronic devices are non-routine, and they require reasonable suspicion. Alasaad v. NielsenAlasaad v. Nielsen, 2019 U.S. Dist. LEXIS 195556 (D. Mass. Nov. 12, 2019):

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D.Del.: Coast Guard port inspection of an incoming vessel led to RS for a full search

A Coast Guard port inspection of an incoming vessel led to reasonable suspicion for its more detailed search. United States v. Vastardis, 2019 U.S. Dist. LEXIS 195486 (D. Del. Nov. 12, 2019):

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S.D.Fla.: Cruise ship cabins are subject to border search

Defendants were passengers on the cruise ship MSC Seaside which arrived at Miami from Carribean ports. The passenger cabins were subject to search under the border search exception. When they knocked at the cabin door and it opened, they could … Continue reading

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CNS: Nonprofit Sues for Info on Warrantless GPS Tracking of Vehicles

Courthouse News Service: Nonprofit Sues for Info on Warrantless GPS Tracking of Vehicles by Jack Rodgers:

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S.D.Ind.: Border search of ESI led to def being released then SW for house month later

After a border search of electronic media finding some probable child pornography, officers let defendant go, then showed up at his house a month later with a search warrant and found more. United States v. Skaggs, 2019 U.S. Dist. LEXIS … Continue reading

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CA9: A manual border search of a cell phone doesn’t require RS, but a forensic search does

A manual border search of a cell phone doesn’t require reasonable suspicion. A forensic search, however, requires reasonable suspicion. United States v. Cano, 2019 U.S. App. LEXIS 24457 (9th Cir. Aug. 22, 2019). Summary by the court:

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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

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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.

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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

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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?

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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:

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