Create an Account
username: password:
 
  MemeStreams Logo

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?:

search

Decius
Picture of Decius
Decius's Pics
My Blog
My Profile
My Audience
My Sources
Send Me a Message

sponsored links

Decius's topics
Arts
  Literature
   Sci-Fi/Fantasy Literature
  Movies
   Sci-Fi/Fantasy Films
  Music
   Electronic Music
Business
  Finance & Accounting
  Tech Industry
  Telecom Industry
  Management
  Markets & Investing
Games
Health and Wellness
Home and Garden
  Parenting
Miscellaneous
  Humor
  MemeStreams
Current Events
  War on Terrorism
Recreation
  Cars and Trucks
  Travel
Local Information
  United States
   SF Bay Area
    SF Bay Area News
Science
  Biology
  History
  Math
  Nano Tech
  Physics
Society
  Economics
  Politics and Law
   Civil Liberties
    Internet Civil Liberties
    Surveillance
   Intellectual Property
  Media
   Blogging
Sports
Technology
  Computer Security
  Macintosh
  Spam
  High Tech Developments

support us

Get MemeStreams Stuff!


 
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?:
Topic: Miscellaneous 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.

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?:



 
 
Powered By Industrial Memetics
RSS2.0