Category Archives: Border search

CA3: Border search exception applies to VI traveler, headed no matter which way

The border search exception applies to travel to and from the Virgin Islands, no matter which way the traveler is going. United States v. Baxter, 2020 U.S. App. LEXIS 5341 (3d Cir. Feb. 21, 2020). Detention center officer’s two-handed shove … Continue reading

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WaPo: Mexican national arrested in Florida on accusation of spying for Russia

WaPo: Mexican national arrested in Florida on accusation of spying for Russia by Brittany Shammas. The story describes a border exit search:

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The Daily Report/Law.com: Commentary: What If a Border Agent Seeks Your Smartphone That Includes Client Secrets?

The Daily Report/Law.com: Commentary: What If a Border Agent Seeks Your Smartphone That Includes Client Secrets? (“Consider these issues to maintain privilege and confidentiality during international travel.”)

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D.N.M.: Govt fails in burden of showing consent. Was “yes” acknowledgement of statement to def or assent to search?

The government fails in its burden to show consent to a patdown of defendant’s person. There was a language barrier, and previous questions and statements were translated, but this one wasn’t. “Even though that defendant said ‘yes’ in response to … Continue reading

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CA11: Border search of disabled vessel towed to port obviated need to decide warrantless planting of GPS on it

Defendant’s vessel broke down off West Palm Beach, and CBP boarded it when it was towed in for a border search. Nothing was found, but various things about the boat, like it’s prior owner was a drug trafficker and defendant’s … Continue reading

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D.V.I.: GFE applies to searches before the court held U.S. to V.I. packages weren’t border searches

Applying its prior Baxter case, the District of the Virgin Islands holds that the border search exception doesn’t apply to mail and packages shipped from the Continental U.S. The searches here, however, predated Baxter, so the good faith exception applies. … Continue reading

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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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