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Criminal Law

: Fourth Amendment

CA5: Oil rig worker in Gulf was properly subjected to computer border search

By John Wesley Hall, Jr.

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An oil rig worker returning from a rig in the Gulf of Mexico crossed the border for purposes of a border search. The point of origin of the trip is irrelevant; the fact of a border crossing is what makes it reasonable. The oil rig is a federal enclave, but defendant traveled through international waters to get back to shore. Child pornography was found on his computer during a border search. United States v. Pickett, 2010 U.S. App. LEXIS 8010 (5th Cir. March 2, 2010) (this per curiam opinion is not on the court's website). The record supports the conclusion that officers smelled burning marijuana when the defendant’s car was stopped, and that led to a search. United States v. Hunter, 2010 U.S. App. LEXIS 8000 (11th Cir. April 19, 2010) (unpublished)...continue to full post

Full post as published by Fourth Amendment on April 22, 2010 (boomark / email).

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