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Reasonable Suspicion Warrantless Searches

WilmerHale

Outlier or Trend? A Possible Narrowing of the Border Search Exception for Electronic Devices

WilmerHale on

As we wrote in a note back in December 2020, the border search exception to the Fourth Amendment is a powerful investigative tool relied on by law enforcement to gather critical physical and digital evidence because it allows...more

Mintz - Immigration Viewpoints

A Victory for Digital Privacy Rights at the U.S. Border

Last week, in a historic decision on travelers’ rights to privacy at the U.S. border, U.S. District Court Judge Denise Casper in Boston ruled that suspicionless searches at U.S. ports of entry (airports and border crossings)...more

Alston & Bird

A Border Search Doctrine Without Borders? A Court Pushes Back Against Searches of Laptops and Cellphones

Alston & Bird on

Last year, the Supreme Court in Riley v. California (134 S. Ct. 2473 (2014)) recognized the unique characteristics of laptops and cellphones and held that police generally may not search the cellphone of an individual who has...more

King & Spalding

Warrantless Laptop Search Suppressed In Sixth Circuit

King & Spalding on

On May 20, 2015, the Sixth Circuit ruled that the warrantless search of a laptop exceeded the scope of a preceding private search, and was therefore unconstitutional....more

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