Category Archives: Border search

techdirt: Bipartisan Bill Would Require A Warrant To Search Americans’ Devices At The Border

techdirt: Bipartisan Bill Would Require A Warrant To Search Americans’ Devices At The Border by Mike Masnick:

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EFF: The Bill of Rights at the Border: Fourth Amendment Limits on Searching Your Data and Devices

EFF: The Bill of Rights at the Border: Fourth Amendment Limits on Searching Your Data and Devices by Stephanie Lacambra:

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EFF: Border Agents Need A Warrant to Search Travelers’ Phones, EFF Tells Court

EFF: Border Agents Need A Warrant to Search Travelers’ Phones, EFF Tells Court (press release): The Border Isn’t a Constitution-Free Zone Richmond, Virginia—Border agents must obtain a warrant to search travelers’ phones, tablets, and laptops, which contain a vast trove … Continue reading

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D.Ariz.: Cell phone border search valid, here with RS

A cell phone can be searched at the border with reasonable suspicion, and the facts of this case rise to this standard. The court doesn’t have to decide whether the search could occur without in the Ninth Circuit. United States … Continue reading

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D.N.M.: Opening car door to check the Nader sticker for the VIN on RS was not unreasonable

Opening a car door to check the Nader sticker for the VIN was not unreasonable and did not involve invading a space inside the car. By the time that happened, there was reasonable suspicion. Then there was consent to search … Continue reading

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The Root: US Border Agents Can Search Your Cellphone, New Senate Bill Would Require a Warrant First

The Root: US Border Agents Can Search Your Cellphone, New Senate Bill Would Require a Warrant First by Monique Judge: The Department of Homeland Security has reported that searches of cellphones by border agents increased five-fold in just one year, … Continue reading

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WaPo: Can federal agents detain citizens at border checkpoints until they disclose their smartphone passcodes?

WaPo: Can federal agents detain citizens at border checkpoints until they disclose their smartphone passcodes? by Orin Kerr: The Verge has a story about the recent border-crossing experience of a U.S. citizen, Sidd Bikkannavar, who is an employee at NASA’s … Continue reading

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Fortune: Social Media at the Border: Can Agents Ask for Your Facebook Feed?

Fortune: Social Media at the Border: Can Agents Ask for Your Facebook Feed? by Jeff John Roberts:

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W.D.Tex.: Border search cursory search of defendant’s cell phone was reasonable

A border search cursory search of defendant’s cell phone was reasonable, even under Cotterman. They also had more than reasonable suspicion. United States v. Escarcega, 2015 U.S. Dist. LEXIS 185466 (W.D. Tex. July 29, 2015):

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W.D.Tex.: A cell phone may be searched under the border search exception [CA5 to decide soon]

A cell phone may be searched under the border search exception. While the Fifth Circuit hasn’t decided the issue yet, it soon will be [see quoted n.4, infra]. United States v. Molina-Isidoro, 2016 U.S. Dist. LEXIS 183368 (W.D. Tex. Oct. … Continue reading

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