Category Archives: Border search

NACDL: Riling Up the Border Search Doctrine: Litigating Searches of Digital Content at Our Ports of Entry

NACDL, The Champion: Riling Up the Border Search Doctrine: Litigating Searches of Digital Content at Our Ports of Entry by Aisha J. Dennis, The Champion 40-46 (Mar. 2018)

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Lawfare: Summary: Circuit Split on Device Searches at the Border in US v. Touset

Lawfare: Summary: Circuit Split on Device Searches at the Border in US v. Touset by Grayson Clary:

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S.D.Fla.: Consent to giving up passwords at border irrelevant since CBP can search anyway

In a border search case, defendant’s consent to produce his passwords doesn’t matter because the government has the authority to conduct a search of incoming electronic equipment. United States v. Vallerius, 2018 U.S. Dist. LEXIS 85620 (S.D. Fla. May 1, … Continue reading

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CA4: Forensic border search of cell phone “non-routine” but GFE applies

An intensive forensic search of an outbound noncitizen’s cell phone required at least reasonable suspicion and maybe a warrant under Riley. Case law, however, uniformly says not at the time this happened, so the search is valid under the good … Continue reading

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WaPo: She saved thousands to open a medical clinic in Nigeria. U.S. Customs took all of it at the airport.

WaPo: She saved thousands to open a medical clinic in Nigeria. U.S. Customs took all of it at the airport. by Meagan Flynn: The questioning threw her off guard. She explained she had legally earned the money and she was … Continue reading

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CA5: Def’s cell phone apps scan at border was supported by PC

“After discovering kilos of meth in the suitcase Maria Isabel Molina-Isidoro was carrying across the border, customs agents looked at a couple of apps on her cell phone. Molina argues that the evidence found during this warrantless search of her … Continue reading

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Gizmodo: Man Sues Feds After Finding Spy Camera on His Property and Refusing to Give It Back

Gizmodo: Man Sues Feds After Finding Spy Camera on His Property and Refusing to Give It Back by Sidney Fussell:

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Vox: Why Border Patrol agents can board a bus or train and ask if you’re a citizen

Vox: Why Border Patrol agents can board a bus or train and ask if you’re a citizen by Alexia Fernández Campbell

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Just Security: “Dehumanized” at the Border, Travelers Push Back

Just Security: “Dehumanized” at the Border, Travelers Push Back by Carrie DeCell:

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ABAJ: Traveling lawyers get new protections in device searches at border

ABAJ: Traveling lawyers get new protections in device searches at border by Lee Rawles. The ABA is meeting soon in Vancouver. What about protecting privileged information at Customs when they return:

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Just Security: Customs and Border Protection’s New Policy for Searching Devices Offers Thin Protection

Just Security: Customs and Border Protection’s New Policy for Searching Devices Offers Thin Protection by Carrie DeCell:

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NYTimes: Cellphone and Computer Searches at U.S. Border Rise Under Trump

NYTimes: Cellphone and Computer Searches at U.S. Border Rise Under Trump by Ron Nixon:

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