Major Legal Decision Handed Down on “Reasonable Suspicions” Requirement for Border Agents to Search Personal Property

Friday, March 15, 2013

On March 9, the Ninth Circuit Court of Appeals handed down a decision in United States v. Cotterman. Explaining the impact of the decision, Tal Kopan of Politico wrote, “The decision by the eight-judge majority turns on whether a personal electronic device should be treated the same as a car or a piece of luggage at the border, or whether it is fundamentally different. The majority found that due to the special characteristics of devices like computers, cameras and tablets, a higher standard must be met for a warrantless deep search of those devices. Three judges rejected their colleagues’ finding of a higher standard, either concurring or dissenting in part.”