{"id":3776,"date":"2010-03-20T14:01:59","date_gmt":"2010-01-27T09:23:08","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-01-27T09:23:08","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3776","title":{"rendered":"E.D. Mich.: Extended border search without RS after defendant was cleared but where his computer was seized and shipped elsewhere for analysis was unreasonable"},"content":{"rendered":"

Defendant was on a CBP watch list as a suspected child pornographer. When he arrived at DFW from an overseas trip that had no suspicion of being related to child pornography, he was first let through then detained after clearance and his laptop was seized. His computer was shipped to Detroit for analysis, and the District Court finds that this violated United States v. Place<\/a>. United States v. Laich, 2010 U.S. Dist. LEXIS 4931 (E.D. Mich. January 20, 2010):<\/p>\n

Even if the Court deemed this detention to be a valid exercise of the Government’s police powers, there was no legal basis to support the permanent seizure of Laich’s laptop computer. When the CBP officers directed Laich to return to the inspection area, they did not conduct an additional search of his laptop. Rather, they detained him and retained his computer for approximately ninety minutes and, thereafter, mailed the seized property to Buloushi in Detroit. Although the decision by the Supreme Court in United States v. Place<\/a>, 462 U.S. 696,701-707, 103 S. Ct. 2637, 77 L. Ed. 2d 110 (1983) may have provided the officers with the legal authority to briefly seize Laich’s laptop to investigate the circumstances which aroused their reasonable suspicion of a criminal wrongdoing, such an investigative detention was not properly limited in its scope here. In the absence of a demonstrated probable cause, the Government’s decision to permanently seize Laich’s property in Dallas and transport it hundreds of miles to another jurisdiction for further search was unreasonable by Fourth Amendment standards.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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