Category Archives: Border search

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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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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