This News York Times piece provides an update regarding the laptop border search debate. There isn't much new information here other than some statistics about how many electronic devices are being searched - about 5,000 a year. However, its notable that the New York Times makes an important error in reporting on the issue. Courts have long held that Fourth Amendment protections against unreasonable searches do not apply at the border, based on the government’s interest in combating crime and terrorism.
That is not true. No court has held that the Fourth Amendment protections against unreasonable searchers do not apply at the border. What they have held, is that in depth, suspicionless searches at the border are not "unreasonable." |