Second Circuit Allows Government to Search Electronic Devices at the Border(knightcolumbia.org) |
Second Circuit Allows Government to Search Electronic Devices at the Border(knightcolumbia.org) |
There dosent appear to be any import/export controls on the current internet is there?
If they say import export control gives them the right to search citizens maybe they should be aware of this giant gapping hole that the internet created 30+ years ago?
In other words... whom (or what) was perceived to have pissed in the CBP officer's Wheaties this morning? We'll never know what grudges he holds to make his decision.
https://www.aclu.org/know-your-rights/border-zone
This effectively means border patrol can do whatever they want in areas that do not involve a border crossing and involve citizens just living their normal lives
>“The border-search exception is grounded in the recognized right of the sovereign to control, subject to substantive limitations imposed by the Constitution, who and what may enter the country.” Id. at 620. Because “[t]he Government’s interest in preventing the entry of unwanted persons and effects is at its zenith at the international border,” United States v. Flores-Montano, 541 U.S. 149, 152 (2004), “searches made at the border, pursuant to the long-standing right of the sovereign to protect itself by stopping and examining persons and property crossing into this country, are reasonable simply by virtue of the fact that they occur at the border,” Ramsey, 431 U.S. at 616.
https://ww3.ca2.uscourts.gov/decisions/OPN/24-960_complete_o...
“Today’s decision leaves Americans’ most sensitive information open to search at the border without any suspicion at all,”
I think this is just an extension of a general we, as government officials protecting American freedoms, can do what we want and will justify it later if we have to policy.
It should probably be noted that this specific case led to a conviction of an actual crime (Bank fraud and money laundering).
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.