N.D.Ill.: Def’s actions gave RS for cell phone and computer searches when he came into O’Hare from the Philippines; he’d already been selected for secondary inspection

Defendant arrived at O’Hare on a flight from the Philippines. The government described how they took the passenger manifest of incoming flights and looked for likely candidates for a secondary search of computers and cell phones. Defendant had been there twice in the previous two years, and he had no business or family purpose for going there. When he was in the queue at Customs, he was acting nervous and was sweating, although it wasn’t hot. In the secondary inspection area, they found receipts that contradicted his story about his travels. They directed he unlock his phone and computer to do a quick forensic examination and released him into the airport. They found child pornography. (They also looked at his Facebook page as a part of their investigation, for whatever that’s worth.) After finding those images, a search warrant was sought although more wasn’t found. The border search was reasonable. If reasonable suspicion is required, they had it. United States v. Wanjiku, 2017 U.S. Dist. LEXIS 53370 (N.D. Ill. April 7, 2017).

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