Border Confidential: Why Searches of Laptop Computers at the Border Should Require Reasonable Suspicion
American Journal of Trial Advocacy, Vol. 31, p. 137, 2007
16 Pages Posted: 8 Sep 2009
Date Written: July 1, 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.)
Keywords: computers, information technology, privacy, fourth amendment, search and seizure, border search, laptops, criminal procedure, law and technology
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