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This page contains all of the posts and discussion on MemeStreams referencing the following web page: The Volokh Conspiracy - Does the Border Search Doctrine Apply To Searching Computers if the Government Moves the Computer Away from the Border Before Searching It?:. You can find discussions on MemeStreams as you surf the web, even if you aren't a MemeStreams member, using the Threads Bookmarklet.

The Volokh Conspiracy - Does the Border Search Doctrine Apply To Searching Computers if the Government Moves the Computer Away from the Border Before Searching It?:
by Decius at 11:37 am EST, Mar 3, 2009

When a search is removed in time and place from the border, the courts have repeatedly held that this represents a greater intrusion on the person requiring that under the totality of the circumstances, customs officers had reasonable suspicion of criminal activity in order to justify the search.

In my opinion, which I've explained at length in numerous places, is that a detailed forensic analysis of a computer is a non-routine search and requires reasonable suspicion. It doesn't really matter whether the analysis occurred at the border or whether the computer was moved to a different location - however, the fact that the computer had to be moved is a indicator that this is a search which is far more intrusive than a "routine" search. Thus, the decision here is appropriate.


 
 
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