Category Archives: Border search

PA: State’s statement of issues for review didn’t include the precise issue argued so it’s waived

The state in its statement of issues below addressed probable cause but did not mention inevitable discovery. That amounted to a waiver. “The inevitable discovery doctrine is not a subsidiary issue to a claim of adequate probable cause to support … Continue reading

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WaPo: Customs officials have copied Americans’ phone data at massive scale

WaPo: Customs officials have copied Americans’ phone data at massive scale by Drew Harwell (“Contacts, call logs, messages and photos from up to 10,000 travelers’ phones are saved to a government database every year.”)https://www.washingtonpost.com/technology/2022/09/15/government-surveillance-database-dhs/ And weren’t we told when this … Continue reading

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CA3: Customs searches occur to and from VI; here bag was put into baggage claim to see who claimed it

Customs can search bags coming to and from the Virgin Islands. Here, bags on an airplane were searched and it was returned to baggage claim to see who picked it up, and that was reasonable. United States v. Forde, 2022 … Continue reading

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VI: Procedural errors in telephonic SW not suppressible without recklessness or bad faith

The procedural deficiencies in obtaining the telephonic warrants did not render them invalid. There was no showing of bad faith by the officers. People v. Glasford, 2022 VI SUPER 42, 2022 V.I. LEXIS 40 (Apr. 19, 2022). A person detained … Continue reading

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WaPo: As lethal fentanyl flows across Mexico border, CBP tries powerful scanning technology

WaPo: As lethal fentanyl flows across Mexico border, CBP tries powerful scanning technology by Nick Miroff (“With fatal drug overdose deaths in the United States soaring to record levels, Congress has directed U.S. Customs and Border Protection to come up … Continue reading

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CA7: RS present for border search of thumb drives of convicted sex offender

Defendant had a prior sex offense with a minor from 1997. HSI started investigating him in 2015 for his travels to Ukraine. “Skaggs frequently traveled overseas; Skaggs was the director of the Ukrainian Angels Resource Network, according to his LinkedIn … Continue reading

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W.D.N.Y.: Failure to preserve a recording of issuance of a SW required by NY law is not a 4A issue

Failure to preserve a recording of issuance of a search warrant as required by New York law is not a Fourth Amendment issue. United States v. Bailey, 2021 U.S. Dist. LEXIS 212869 (W.D.N.Y. Nov. 3, 2021). “Recognizing that this case … Continue reading

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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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