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: Law Biz BlogThis is truly scary -- Laptops can be searched!
By Edward Poll, J.D., M.B.A., CMC
A recent 9th U.S. Circuit Court of Appeal allows the government to search, seize and download laptop data at border crossings despite the Fourth Amendment! Suspicion is not required. A warrant is not required. No protection is available for the individual under this ruling. Just one more liberty removed.
The panel suggested that travelers should no longer expect privacy!
Rules of professional conduct require confidentiality. ABA Model Rule 6.1 provides that "A lawyer shall not reveal information relating to the representation of a client ... " Thus, a lawyer should not have any information on the laptop about clients' matters. If that's true, then can a lawyer travel across the border with a laptop? Arguably not!
Full post as published by Law Biz Blog on July 14, 2008 (boomark / email).
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