Border Searches of Your PC...Are They Legal Under the 4th Amendment, Your Right to Privacy -- Part 2
This entry was posted on 9/18/2007 6:38 PM and is filed under Privacy.
On 6/21/2007 we wrote that the 9th US Circuit Court of Appeals is likely in an
interesting quandary given the recent decision of the 6th US Circuit
Court of Appeals decision regarding eMail privacy
which has concluded that it is protected under the 4th Amendment.
Clearly past precedent has been set relative to inspections at border
crossings which would appear to permit them to continue without
limitation, more commonly referred to as border searches.
However, such precedent has never been heretofore presented with the
issue of notebook computers, DVDs, thumb drives, etcetera containing information that is protected
under the 4th Amendment.
Briefs have been filed and the case is scheduled to be heard on October 17th, 2007 at 9am in Courtroom 1, Pasdena, CA. There are a number of interesting entries on the web that you can pull up by searching on "Michael Timothy Arnold". Using this argument you will learn the lower court's rational for upholding Mr. Arnold's 4th amendment rights. The U.S. is appealing that decision as it wishes to be able to search your PC without cause when you exit or enter the U.S.
Quite frankly we hope, despite the grief it will cause Mr. Arnold, that the lower court decision is overturned as we are confident that it will be appealed to the Supreme Court and it is time to get a decision regarding yours and my 4th Amendment rights that we can hang our hat on. US Circuit Court of Appeals decisions are binding only for the district over which they preside. Thus, individual decisions by the 6th and 9th districts do not protect the rights of those in other districts. This must be resolved.
