Category Archives: Border search

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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CNN: White House discussing asking foreign visitors for social media info and cell phone contacts

CNN: White House discussing asking foreign visitors for social media info and cell phone contacts by Jake Tapper:

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S.D.Cal.: Def, a citizen of Mexico suspected of drug trafficking in his mother’s car, was lawfully arrested when he was lured to a border crossing to talk about her permanent resident status

Defendant’s mother, a citizen of Mexico who crossed regularly at Tecate, was arrested for importation of meth in her car, which she claimed was a gift from her son. Officers were looking for him and finally found him in Mexico … Continue reading

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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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