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N.D.Cal.: Extended border search of laptop for CP was valid

By John Wesley Hall, Jr.

An extended border search of defendant’s laptop for child pornography, 24 hours after he arrived in at the border, was justified by reasonable suspicion. A search again months later required a search warrant. United States v. Hanson, 2010 U.S. Dist. LEXIS 61204 (N.D. Cal. June 2, 2010): The Court concludes that the facts of this case are more analogous to Stewart [2010 WL 2089355, at *3-4 (E.D. Mich. May 24, 2010)] than to Cotter man [2009 WL 465028, at * 5 (D. Ariz. Feb. 24, 2009)]. As was the case in Stewart, Officer Edwards discovered the Image, which she believed constituted contraband, during the initial search of Hanson's laptop. Although the subsequent search in the Stewart case was conducted approximately twenty-four hours after the defendant crossed the border, the Court does not find the time lapse in this case to be unreasonable...continue to full post

Full post as published by Fourth Amendment on June 23, 2010 (boomark / email).