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Criminal Law

: Fourth Amendment

Laptop computer was subject to border search

By John Wesley Hall, Jr.

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Defendant's laptop computer was subject to a border search, and it was a "routine search." [Apparently only "nonroutine searches" are intrustive searches of the person.] United States v. McAuley, 2008 U.S. Dist. LEXIS 44688 (W.D. Tex. June 6, 2008): The Defendant believes that a search of the computer is much more intrusive than ordinary searches at ports of entry because of the type of information available on a computer. (Def. Amended Mot. to Supp., 4.) The Court is not persuaded by this contention. Incredible amounts of personal and sensitive information are already subject to scrutiny at ports of entry in peoples' wallets, purses, locked glove boxes, and locked containers or luggage. People carry personal items such as Social Security cards; state and federal identification cards; medicines and medical records; names and addresses of family and associates; day planners with itineraries and travel documents; credit cards; check books and registries; business cards; photographs; and membership cards...continue to full post

Full post as published by Fourth Amendment on June 11, 2008 (boomark / email).

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