Massachusetts judge reminds America of that little thing called the Fourth Amendment
The seizure and search of phones and laptops at the US border is unconstitutional, a judge said Tuesday in a landmark ruling.
Massachusetts district court judge Denise Casper declared [PDF] that the practice breaks the Fourth Amendment on unreasonable search, and that border agents need to have a “reasonable suspicion” of illegal activity before they can search electronic devices.
“The CBP [Customs and Border Protection] and ICE [Immigration and Customs Enforcement] policies for ‘basic’ and ‘advanced’ searches, as presently defined, violate the Fourth Amendment to the extent that the policies do not require reasonable suspicion that the devices contain contraband for both such classes of non-cursory searches and/or seizure of electronic devices,” Casper declared.
As such, she noted, “the non- ..
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