Since the founding of our Republic, Congress has granted the Executive plenary authority to conduct routine searches and seizures at the border, without probable cause or a warrant, in order to regulate the collection of duties and to prevent the introduction of contraband into this country.
In this case a standard of suspicion is set before border guards can detain someone for hours hoping their bowel movements might produce cocaine balloons. That standard is very low, but there is a standard. It cannot be done at random. The question is whether a search of a laptop's contents is "routine" or whether it is special. Note Brennan and Marshall's dissent, which is much more along the lines of my thinking then the majority. US v. Montoya De Hernadez |