[conspire] Court Ruling Allows US Border Patrol Agents to Seize Laptops
Rick Moen
rick at linuxmafia.com
Sun May 18 22:24:31 PDT 2008
I wrote:
> Quoting Eric De MUND (ead-conspire at ixian.com):
>
> > I didn't see anything in the decision about the authority of the
> > United States to hold property for an indefinite period.
>
> This has been established separately. What they do is state that it's
> being held for inspection. Owners who petition for the return of
> property tend to get simply told "no".
Jennifer Granick is Civil Liberties Director for the EFF, lecturer at
Stanford Law, head of the Center for Internet and Society, and extremely
sharp. She's recently written for EFF a comprehensive article,
"Protecting Yourself From Suspicionless Searches While Traveling", in
response to the "US v. Arnold" border-search case about aggressive
Customs and Border Patrol (CBP) searches without even a requirement for
criminal suspicion, let alone probable cause or a warrant. It includes:
If, however, you don't respond to CBP's demands, the agency does have
the authority to search, detain, and even prohibit you from entering
the country. CBP has more authority to turn non-citizens away than it
does to exclude U.S. persons from entering the country, but we don't
know how the agents are allowed to use this authority to execute
searches or get access to password protected information. CBP also
has the authority to seize your property at the border. Agents cannot
seize anything they like (for example, your wedding ring), but we do
not know what standards agents are told to follow to determine
whether they can and should take your laptop but let you by.
Full article is at
http://www.eff.org/deeplinks/2008/05/protecting-yourself-suspicionless-searches-while-t
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