Re: [privacy] Warrentless Border Laptop Searches Upheld by U.S Court

["Dennis Henderson" <hendomatic () gmail com>]

> That's beside the point, I think. And what do you think would have
> happened had he refused the search?
>
> Did you actually _read_ the courts decision?


Yes I did.

Yes, this guy "had it coming" and probably deserved extra scrutiny
> (from whatever perbvious criminla offense that triggered it), but
> as I pointed out, I personally think this sets a bad precedent and
> I would personally prefer courtesy the presumption of innocence,
> unless there is _reasonable_ cause to assume otherwise.
>
> I mean, that _is_ one of the basic tenents of U.S. law, right?



His previous conviction in FL was a sex crime as well and he was on
probation for it.


I agree with you when it comes to matters inside the US.

At the border there is no presumption of innocence. If there were, there
would be no random searches needed, right? In your world, we're all innocent
until we deliver the drugs or press the button on the briefcase.

The guy tried to technically twist the laws to get out of his child porn
conviction, under the guise of trying to claim that he never technicallt
crossed the border into Canada..... Thats a bridge to far, in my book... and
it was in the courts too.

He physically left the country and was standing on Canadian Soil when he was
refused entry. At this point he is really in limbo as he has left the US. He
must then re-enter the country and is subject to the same search as any
other person on the planet. The court clearly upheld this and refused to
carve out an exception for this situation. Also its not like the US customs
just decided to pick on him. They were warned by the Canadians about the
situation... but you knew that..



The point here is one of an excerise in thought. If the erosion of
the basic premise in the expectation in the presumption of innocence
and a reasonable right to privacy in one's persona effects are central
to the basic concepts of justice, liberty, and "The American Way",
this should certainly bother you.




Within the confines of the US, yes, warrantles searches bother me. At the
border I could care less.

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