{"id":5091,"date":"2011-03-12T12:07:46","date_gmt":"2011-01-16T17:05:30","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-01-16T17:05:30","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5091","title":{"rendered":"CFC: No cognizable claim in that court for seizure of laptop at border"},"content":{"rendered":"<p>Plaintiff\u2019s suit against the government in the Court of Federal Claims is dismissed. It could not be based on a contract or takings clause theory, and Fourth Amendment claims cannot be based in that court. Also, no Fourth Amendment claims has succeeded yet in any court. Kam-Almaz v. United States, 96 Fed. Cl. 84 (2011):<\/p>\n<blockquote><p>According to an editorial in The New York Times of November 15, 2010, during an 18-month period between 2008 and 2010, some 3,000 returning Americans had their laptop computers seized and their contents examined by U.S. Customs. Moreover, as was the case with Mr. Kam Almaz, U.S. Customs agents may freely share the data from those computers \u2014 personal and business records, web-site visits, email \u2014again without a warrant or even reasonable suspicion. Challenges in District Court to these Fourth Amendment exceptions have not been successful. The New York Times calls for legislative limits on the Government&#8217;s right to access and share computer data. Such legislation would presumably not help Mr. Kam  Almaz, who has a more prosaic complaint \u2014 he seeks compensation for losses he suffered from damage to the computer and its data while in the possession of U.S. Customs.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=5091\">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-5091","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5091","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=5091"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5091\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5091"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5091"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5091"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}