Declan McCullagh: A federal judge has ruled that border agents cannot seize a traveler's laptop, keep it locked up for months, and examine it for contraband files without a warrant half a year later.
Judge Jeffrey White, of the 9th Circuit Court of Appeals, ruling on case 09-946, USA v. Andrew Samuel Hanson: Because the agents did not find contraband while the laptop was located at the border and, in light of the time and distance that elapsed before the search continued, the court concluded that the search should be analyzed as an extended border search. Given the passage of time between the January and February searches and the fact that the February search was not conduct(ed) at the border, or its functional equivalent, the court concludes that the February search should be analyzed under the extended border search doctrine and must be justified by reasonable suspicion. Hanson was not arrested on January 27, 2009, and for that reason the court finds the government's reliance on the "search incident to a valid arrest" line of cases to be inapposite. Accordingly, because the court concludes that June search required a warrant, and because it is undisputed that the search was conducted without a warrant, Hanson's motion is GRANTED IN PART on this basis.
Rebecca Brock: People say to me, "Whatever it takes." I tell them, It's going to take everything.
Judge limits DHS laptop border searches | 
