more on Police Blotter: Laptop border searches OK'd

[David Farber <dave () farber net>]

Begin forwarded message:

From: Lee Tien <tien () eff org>
Date: July 28, 2006 1:44:05 PM EDT
To: David Farber <dave () farber net>
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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