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May 12, 2015 08:00 pm

Judge: Warrantless Airport Seizure of Laptop 'Cannot Be Justified'

SonicSpike writes with news of a ruling in U.S. District Court that the seizure and search of a man's laptop without a warrant while he was in an airport during an international border crossing was not justified. According to Judge Amy Jackson's ruling (PDF), the defendant was already the subject of an investigation when officials used his international flight as a pretext for rifling through his laptop. The government argued that a laptop was simply a "container," and thus subject to warrantless searches to protect the homeland. But the judge said the search "was supported by so little suspicion of ongoing or imminent criminal activity, and was so invasive of Kim's privacy and so disconnected from not only the considerations underlying the breadth of the government's authority to search at the border, but also the border itself, that it was unreasonable." She also noted that laptop searches may require more stringent legal support, since they are capable of holding much more private information than a box or duffel bag. And while a routine search involves a quick look through a container, this search was quite different: "[T]he agents created an identical image of Kim's entire computer hard drive and gave themselves unlimited time to search the tens of thousands of documents, images, and emails it contained, using an extensive list of search terms, and with the assistance of two forensic software programs that organized, expedited, and facilitated the task."

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