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Federal Judge Upholds Unfettered Electronics Searches at U.S. Border

HeadlineJan 02, 2014

A federal judge has rejected a challenge to the U.S. policy of searching computers and other devices at border checkpoints without a warrant or proof of wrongdoing. The American Civil Liberties Union had brought the case, arguing border officials should have reasonable suspicion in order to seize and search private electronics. But U.S. District Judge Edward Korman sided with the Obama administration’s argument that the “border exemption” for searches applies to digital information. The case was filed on behalf of an Islamic Studies graduate student at Montreal’s McGill University. The student, Pascal Abidor, was taken off of a train in handcuffs after border guards forced him to show them the contents of his laptop. The computer was seized and returned 11 days later. In a statement, the ACLU said: “Suspicionless searches of devices containing vast amounts of personal information cannot meet the standard set by the Fourth Amendment, which prohibits unreasonable searches and seizures.”

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