CA11: Border check by agri officers in cabin of ship that found child porn was reasonable

From the to-pose-the-question-answers-it category is this: “A lot of child pornography cases come through our court, and most of them present fairly routine issues. This one, however, brings in tow a Fourth Amendment issue with important implications for the national security of the United States. When a foreign cargo vessel enters this country and is subject to a border search, may the cabins of its crew members be searched for contraband without reasonable suspicion?” Obviously, yes, even though on a ship like this, the rooms of the crew are their “homes.” The search was by an agriculture inspector looking for pests and seeds. DVDs were found in the desk drawer of defendant’s cabin, and children engaged in sex acts were on the cover. United States v. Alfaro-Moncada, 2010 U.S. App. LEXIS 10841 (11th Cir. May 27, 2010).

Not only is the national interest in searching for agricultural contraband coming into this country strong, but any expectation of privacy a crew member has in his living quarters is weaker when those quarters are brought to the border of this country. Montoya de Hernandez, 473 U.S. at 539, 105 S.Ct. at 3309-10; see also United States v. Hidalgo-Gato, 703 F.2d 1267 (11th Cir. 1983) (“On crossing a border the individual is on notice that a search may be made, and his privacy is arguably less invaded by such search.” (quotation and other marks omitted)). There are no inspection-free zones on a foreign cargo vessel at the border, just as there are none in an airplane or a motor vehicle. Someone who travels to the border in a recreational vehicle that also serves as his home could not reasonably expect that it would not be subject to search. The same is true of a crewman whose cabin, along with the rest of his ship, travels three miles up the Miami River to dock.