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Diane Publishing Books
Border Searches of Laptop Computer and Other Electronic Devices
The 4th Amendment of the U.S. Constitution requires gov’t.-conducted searches and seizures to be supported by probable cause and a warrant. Fed. courts have recognized that there are many exceptions to these requirements, one of which is the border search exception, which permits gov’t. officials to conduct “routine” searches based on no suspicion of wrongdoing. On the other hand, when warrantless border searches are particularly invasive, and thus “non-routine,” they are permissible only when customs officials have, at a minimum, a “reasonable suspicion” of wrongdoing. Contents of this report: Border Search Exception; Judicial Developments on Laptop Searches; Fed.l Policies on Border Laptop Searches; Conclusion; Legislative Proposals.
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