A federal judge ruled Tuesday that Border Patrol agents need “reasonable suspicion” before they can search international travelers’ electronic devices at airports or other U.S. ports of entry, delivering a big win to civil rights activists.Fishing expeditions cannot pass constitutional muster, and Judge Casper ruled correctly.
Federal Judge Denise Casper of the District Court of Massachusetts ruled that Customs and Border Protection (CBP) officials must have a specific reason for searching an individual’s smartphone, laptop, or other electronic devices, according to a 48-page decision...
The two agencies, which operate under the umbrella of the Department of Homeland Security, argued that such searches were necessary as they can lead to successful “fishing” expeditions — leading to apprehensions of child pornography or other illicit material from those attempting to enter the U.S.
Having said that, I'm left to wonder under what constitutional authority Customs can search suitcases at airports--or my travel trailer at ports of entry. From a 4th Amendment standpoint, why can my suitcase (or trailer) be rummaged through but not my phone?
Because your trailer can cause a bigger explosion than your phone?
ReplyDeleteThat will be interesting as it makes it way through the courts. Trust me, this ain't over.
ReplyDeleteTo answer your question, you (implied) consent to search your bags when you bought the ticket. Don't want the bag checked for stuff, don't buy a ticket, hire a private plane and pilot for your travel needs.
Don't blame me Darren, this was set up a long time before you and I were hatched.
Steve, I don't see the "explosion clause" in the Constitution.
ReplyDeleteMike, I don't see the "implied consent clause" in the Constitution.
From a purely academic standpoint, I'm questioning where the constitutional authority to rummage through my belongings (or papers and effects) come from. Might it be that they're looking to ensure I'm not smuggling--perhaps such searches can be *legally* (not morally) justified under Congress' taxation/tariff authority?