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Criminal Law

: Fourth Amendment

CA11: Border check by agri officers in cabin of ship that found child porn was reasonable

By John Wesley Hall, Jr.

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From the to-pose-the-question-answers-it category is this: “A lot of child pornography cases come through our court, and most of them present fairly routine issues. This one, however, brings in tow a Fourth Amendment issue with important implications for the national security of the United States. When a foreign cargo vessel enters this country and is subject to a border search, may the cabins of its crew members be searched for contraband without reasonable suspicion?” Obviously, yes, even though on a ship like this, the rooms of the crew are their “homes.” The search was by an agriculture inspector looking for pests and seeds. DVDs were found in the desk drawer of defendant’s cabin, and children engaged in sex acts were on the cover...continue to full post

Full post as published by Fourth Amendment on May 30, 2010 (boomark / email).

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