Abstract

http://ssrn.com/abstract=2336740
 


 



The Future of the Fourth Amendment in a Digital Evidence Context: Where Would the Supreme Court Draw the Electronic Line at the International Border?


Patrick Corbett


Thomas M. Cooley Law School

2012

Mississippi Law Journal, Vol. 81, No. 5, 2012

Abstract:     
Using a case involving an international border search of a laptop, this Article explores the future of the Fourth Amendment in a digital evidence context. Section I reviews Abidor v. Napolitano, a case recently filed by the ACLU and other entities asserting that United States border patrol policies that allow full searches of electronic storage devices, like a laptop computer, without any individualized suspicion violates the Fourth Amendment. Section II summarizes what other courts have ruled in similar contexts. Section III briefly examines Supreme Court border search cases and other arguably applicable Supreme Court opinions. Section IV considers an assortment of concepts in an attempt to examine how a future panel of the United States Supreme Court might rule if faced with the issues presented in Abidor. The Article concludes with parting reflections on how a future panel of the Supreme Court might rule.

Number of Pages in PDF File: 46

Keywords: Fourth Amendment, search and seizure, border, laptop, electronic storage device, United States Supreme Court, Abidor v. Napolitano

Accepted Paper Series


Download This Paper

Date posted: October 9, 2013  

Suggested Citation

Corbett, Patrick, The Future of the Fourth Amendment in a Digital Evidence Context: Where Would the Supreme Court Draw the Electronic Line at the International Border? (2012). Mississippi Law Journal, Vol. 81, No. 5, 2012. Available at SSRN: http://ssrn.com/abstract=2336740

Contact Information

Patrick Corbett (Contact Author)
Thomas M. Cooley Law School ( email )
300 S. Capitol Avenue
P.O. Box 13038
Lansing, MI 48901
United States
Feedback to SSRN


Paper statistics
Abstract Views: 82
Downloads: 24

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.281 seconds