[IP] more on Police Blotter: Laptop border searches OK'd
Begin forwarded message:
From: Lee Tien <tien@xxxxxxx>
Date: July 28, 2006 1:44:05 PM EDT
To: David Farber <dave@xxxxxxxxxx>
Subject: Re: [IP] more on Police Blotter: Laptop border searches OK'd
The 4th Circuit ruled similarly last year; see http://
cyberlaw.stanford.edu/packets/vol_2_no_5/
Broad searches at border crossings - including those of "expressive"
electronic material - do not violate Fourth or First Amendments
according to Fourth Circuit
The Fourth Circuit considered whether 19 U.S.C. § 1581(a) - the
statute authorizing searches of cargo at border crossings -
encompasses detailed searches of electronic equipment. It held that
the statutory language itself and the national interests involved
require the broadest statutory construction possible, and therefore
electronic equipment is readily included. The court further held that
such expansive border searches are as old as the Fourth Amendment
itself and do not violate its provisions against unreasonable
searches. In fact, border searches are made reasonable by the very
fact that they occur at the border, even absent a warrant or probable
cause. Finally, the court refused to carve out a First Amendment
exception for such searches where they involved examination of
expressive material, finding that such requirements would unduly
burden customs agents, and moreover create a sanctuary at border
crossings for such "expressive" materials as terrorist plans, thereby
undermining critical national security interests.
U.S. v. Ickes, 393 F.3d 501 (4th Cir., 2005).
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