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The U.S. Court of Appeals made a
controversial ruling on laptop search by customs officers, who apparently need
no motivation to search through the content of the passengers’ laptops while at
the border.
The decision was unanimous among
the three judges, and came to oppose a previous ruling by the U.S. District
Court for the Central District of California, according to which customs
officers need reasonable suspicions to search a laptop.
The story revolved around the
case of Michael Arnold, who in July 2005, on his return from a trip, was asked
to reveal the content of his laptop to the customs agents. The search lead to child
pornography accusations and the arrest of Arnold, who later claimed in court
that the search had been unreasonable. The court agreed at the time.
However, this time, the Ninth
Circuit rejected his claims, arguing that: “(1) reasonable suspicion was not
required under the Fourth Amendment because of the border search doctrine; and
(2) if reasonable suspicion were necessary, that it was present in this case.”
The Ickes case from the Fourth Circuit
(according to which a warrantless search of a car is permitted under the border
search doctrine) was given as an example.
Arnold had claimed that the
search went against the Fourth Amendment, which states that “the right of the
people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated.”
However, the court said that it
is “the authority of the United States to search the baggage of arriving
international travelers” in order to protect its territorial integrity, and
therefore “it is entitled to require that whoever seeks entry must establish
the right to enter and to bring into the country whatever he may carry.”
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