Category Archives: Border search

Law360: Biden’s Embrace Of Border Tech Raises Privacy Concerns

Law360: Biden’s Embrace Of Border Tech Raises Privacy Concerns by Mike LaSusa

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N.D.Ill.: Officer watching video of street radioing officer on the street about seeing a gun was RS

A Chicago PD officer was watching the streets with surveillance cameras, and he observed defendant apparently with a firearm under his shirt. That report to others who conducted the frisk was collective knowledge for a stop [although that phrase isn’t … Continue reading

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D.Kan.: Def had a loaner car loaned by a person with no authority over it; no standing

Defendant had no standing in a car that was loaned to him by another who himself might not have even had standing. Defendant was looking for a car that wasn’t “hot,” and he was loaned one by a source that … Continue reading

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E.D.N.Y.: Stop in the recheck line at JFK shortly after clearing customs was still within the border search area

Defendant’s stop in the recheck line at JFK shortly after clearing customs was still within the border search area. United States v. Newton, 2021 U.S. Dist. LEXIS 195145 (E.D.N.Y. Oct. 8, 2021). Reversed yet again for lack of proper findings … Continue reading

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D.Md.: Exit border search doesn’t require particularized suspicion

The exit border search of defendant’s bags and computers was reasonable in this government fraud investigation. Particularized suspicion wasn’t even required, albeit present. United States v. Nkongho, 2021 U.S. Dist. LEXIS 184402 (D.Md. Sept. 27, 2021). Plaintiff’s stop for allegedly … Continue reading

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VT: Roving CBP patrol stop one mile from Canadian border violated state const. even though probably not 4A

A roving border patrol stop a mile from the Canadian border led to state charges against defendant. The court holds the state constitution was violated even if the Fourth Amendment was not, and the evidence should be suppressed. State v. … Continue reading

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Stan. L. Rev.: The Chinese Exclusion Cases and Policing in the Fourth Amendment–Free Zone

The Chinese Exclusion Cases and Policing in the Fourth Amendment–Free Zone by Trillium Chang (2021 Student Essay Competition Winner), 73 Stan. L. Rev. (Sept. 2021):

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OH1: Years-old information of trafficking with current info of personal use isn’t PC for trafficking

Where the officer’s affidavit consisted only of years-old stale information and present evidence of personal drug use, there was no probable cause to search the defendant’s residence for evidence of drug trafficking, and the trial court erred in applying the … Continue reading

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OH2: Specific 4A claim not made to trial court is waived

The specific Fourth Amendment argument made on appeal wasn’t made to the trial court, so it’s waived. On the merits, officers getting defendant in to talk on basis of a ruse didn’t make it an unreasonable seizure. State v. Luther, … Continue reading

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TN: Consent in the face of a threat to get a SW is invalid where no PC

Defendant’s consent in the face of the officer’s threat to get a search warrant was involuntary where there was no probable cause for a warrant. State v. Cohen, 2021 Tenn. Crim. App. LEXIS 356 (July 29, 2021). There was reasonable … Continue reading

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W.D.Wash.: Test-firing a firearm to help identify it is a reasonable search

“The Court concludes the test-firing of the weapon was a search. It was test-fired for one sole purpose and that was to gain identifying data on the retained shell casing for subsequent submission to a database of shell casings obtained … Continue reading

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CA1 upholds border search of electronic devices

Alasaad v. Mayorkas, 2021 U.S. App. LEXIS 3586 (1st Cir. Feb. 9, 2021):

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ABAJ: Immigration lawyer sues over seizure of his cellphone at airport

ABAJ: Immigration lawyer sues over seizure of his cellphone at airport by Debra Cassens Weiss (“Texas immigration lawyer Adam A. Malik has sued the U.S. Department of Homeland Security for seizing and retaining his iPhone when he returned to the … Continue reading

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D.VI.: CBP questions at border like “Did you pack the bag yourself” not subject to Miranda

Questions at Customs “Is this your bag?”; “Did you pack the bag yourself?”; and “Are you carrying anything for anyone?” are not subject to Miranda. They related to admissibility of the traveler. United States v. Bailey, 2021 U.S. Dist. LEXIS … Continue reading

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CNS: Judges Grapple With Phone, Laptop Searches at US Customs

CNS: Judges Grapple With Phone, Laptop Searches at US Customs by Thomas Harrison (“The First Circuit struggled Tuesday with a policy that lets border agents look through the phones or laptops of travelers returning from abroad.”)

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CA9: The fact CBP had RS doesn’t mean it’s required for a border dog sniff

“The fact that Customs and Border Patrol (CBP) officers had reasonable suspicion cannot serve to heighten the standard attached to the border search.” The use of a drug dog at the border doesn’t require reasonable suspicion. United States v. Meraz-Campos, … Continue reading

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S.D.Fla.: Helping Canada comply with a US MLAT request doesn’t make it a joint venture

Merely helping Canadian law enforcement comply with an MLAT request from the United States was not a joint venture. United States v. Kachkar, 2020 U.S. Dist. LEXIS 222738 (S.D. Fla. Nov. 30, 2020). Defendant’s cell phone was seized at the … Continue reading

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CA9: 911 call about man waving a gun justified stop at gunpoint and handcuffing

Officers’ display of firearms and handcuffing defendant in a detention after a 911 call of a man waving a gun was reasonable under Terry. United States v. Hearns, 2020 U.S. App. LEXIS 37363 (9th Cir. Nov. 27, 2020). Defendant was … Continue reading

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KS: Looking in purse of unconscious driver was reasonable

The emergency aid exception applied: “Officer Brown searched Smith’s purse seeking Smith’s identity and any information that would explain the nature of Smith’s condition and the best means of treating it. When the officer made this decision, the paramedics were … Continue reading

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WaPo: Senators seek IG probe of border agency’s warrantless use of phone location data

WaPo: Senators seek IG probe of border agency’s warrantless use of phone location data by Drew Harswell (“In August, Customs and Border Protection subscribed to a service that reports the location of cellphones to businesses.”)

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