Abstract

http://ssrn.com/abstract=1469292
 
 

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Border Confidential: Why Searches of Laptop Computers at the Border Should Require Reasonable Suspicion


John William Nelson


Samford University - Cumberland School of Law; University of East Anglia (UEA) - Norwich Law School

July 1, 2007

American Journal of Trial Advocacy, Vol. 31, p. 137, 2007

Abstract:     
Our laptops are capable of containing large amounts of personal, private, intimate, and confidential information. At the same time, the power of the government to search us and our possessions is at its zenith during a border crossing. How should our laptops be treated during these border crossings? This Note examines the background of the border search exception and the privacy interests we each have in our laptop computers. This Note argues that searches of our laptop computers should be viewed as highly intrusive in nature because of the ability to quickly sort through vast amounts of intimate and private data. Further, this Note argues that a reasonable suspicion should be required before government can search our laptops during a border crossing. (Displayed with permission from the American Journal of Trial Advocacy © 2007. All rights reserved.)

Number of Pages in PDF File: 16

Keywords: computers, information technology, privacy, fourth amendment, search and seizure, border search, laptops, criminal procedure, law and technology

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Date posted: September 8, 2009  

Suggested Citation

Nelson, John William, Border Confidential: Why Searches of Laptop Computers at the Border Should Require Reasonable Suspicion (July 1, 2007). American Journal of Trial Advocacy, Vol. 31, p. 137, 2007. Available at SSRN: http://ssrn.com/abstract=1469292

Contact Information

John William Nelson (Contact Author)
Samford University - Cumberland School of Law ( email )
800 Lakeshore Dr.
Birmingham, AL 35229
United States
(404) 939-4705 (Phone)
University of East Anglia (UEA) - Norwich Law School ( email )
Norwich NR4 7TJ, Norfolk
United Kingdom
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