Category Archives: Border search

S.D.Cal.: Using Cellebrite to copy files on two phones and an iPad at the border was with RS and reasonable

A DHS officer took defendant’s Motorola phone, iPhone, and iPad from a Customs officer at the border when defendant was arrested for importing cocaine in her car. The Motorola phone wasn’t password protected, and it was examined with a Cellebrite … Continue reading

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D.Md.: Extended border search from customs at JFK to locked warehouse in Maryland

The extended border search doctrine applied to a package shipped from China through customs at JFK and then to a warehouse in Bowie, Maryland. It was under lock and key, even on the truck, from customs to the warehouse where … Continue reading

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EFF: Law Enforcement Uses Border Search Exception as Fourth Amendment Loophole

EFF: Law Enforcement Uses Border Search Exception as Fourth Amendment Loophole by Sophia Cope:

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S.D.Cal.: SW which was not overbroad merely by including a “tending to show” phrase

Scanning text messages on a cell phone at the border was reasonable. This wasn’t a full search, and this was just a “non-forensic scan” of the phone and not a “searching inquiry.” This led, however, to a search warrant which … Continue reading

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CA6: Turning around because of a wrong turn toward Canada doesn’t bar a border search coming back

Plaintiff made a wrong turn heading to summer camp and ended up on a bridge to Canada. He was allowed to turn around without leaving the country, but he could only get into a lane with motorists coming from Canada … Continue reading

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FoxNews: Border Patrol’s website offers advice on eluding … Border Patrol

FoxNews: Border Patrol’s website offers advice on eluding … Border Patrol:

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Broadly: Woman Subjected to Illegal Cavity Search at Border Gets $475,000 Settlement

Broadly: Woman Subjected to Illegal Cavity Search at Border Gets $475,000 Settlement by Diana Tourjee:

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D.Ariz.: Border exit searches are permissible to assure compliance with the currency reporting laws

Border exit searches are permissible without reasonable suspicion to assure compliance with the currency reporting laws. United States v. Chavira, 2016 U.S. Dist. LEXIS 88681 (D.Ariz. May 19, 2016), adopted 2016 U.S. Dist. LEXIS 88680 (D.Ariz. July 7, 2016):

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CA5: Roving Border Patrol stop satisfied Brignoni-Ponce standard

“In determining reasonable suspicion in the context of roving Border Patrol stops, courts examine the totality of the circumstances, including the factors enunciated in Brignoni-Ponce. … These are (1) the area’s proximity to the border; (2) the characteristics of the … Continue reading

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D.Guam: Def’s detention at Customs for 13 hours for SW for rectum was based on RS

Defendant’s 13 hour detention at airport customs was reasonable where it was based on a report from a CI that defendant would arrive from Manila with drugs hidden in his rectum. A dog also alerted on him in the luggage … Continue reading

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