{"id":4089,"date":"2011-01-11T11:34:40","date_gmt":"2010-04-22T08:21:54","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-04-22T08:21:54","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4089","title":{"rendered":"CA5: Oil rig worker in Gulf was properly subjected to computer border search"},"content":{"rendered":"<p>An oil rig worker returning from a rig in the Gulf of Mexico crossed the border for purposes of a border search. The point of origin of the trip is irrelevant; the fact of a border crossing is what makes it reasonable. The oil rig is a federal enclave, but defendant traveled through international waters to get back to shore. Child pornography was found on his computer during a border search. United States v. Pickett, 598 F.3d 231 (5th Cir. 2010) (this per curiam opinion is not on the court&#8217;s website).<\/p>\n<p>The record supports the conclusion that officers smelled burning marijuana when the defendant\u2019s car was stopped, and that led to a search. <a href=\"http:\/\/www.ca11.uscourts.gov\/unpub\/ops\/200912815.pdf\">United States v. Hunter<\/a>, 373 Fed. Appx. 973 (11th Cir. 2010) (unpublished).*<\/p>\n<p>Defense counsel was not ineffective for not challenging the consent search. On the merits, a motion to suppress would fail on alleged coercion. Therefore, no IAC. United States v. Henderson, 2010 U.S. Dist. LEXIS 38147 (M.D. Pa. April 19, 2010).*<\/p>\n<p>Defendant admitted he was lawfully stopped and ordered out of the car. He admitted that he had unlawful prescription drugs in the car. That justified a search. United States v. Schlatter, 2010 U.S. Dist. LEXIS 38258 (N.D. Ind. April 19, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4089\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4089","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4089","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4089"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4089\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4089"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4089"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4089"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}