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The Department of Homeland Security may take your laptop at the U.S. border and remove it to an off-site location for as long as it wants. Doesn’t matter if you are a U.S. citizen. There it may examine its contents and have any text it contains translated.
WITHOUT HAVING ANY REASON TO THINK YOU HAVE DONE ANYTHING WRONG.
I love Michael Chertoff’s explanation of why border guards won’t bother with the niceties of probable cause provided for in the Fourth Amendment: “As a practical matter, travelers only go to secondary [for a more thorough examination] when there is some level of suspicion. Yet legislation locking in a particular standard for searches would have a dangerous, chilling effect as officers’ often split-second assessments are second-guessed.”
He’s right, of course. The Bill of Rights has a chilling effect on the government. That’s what it’s there for!
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August 2nd, 2008 at 2:33 pm
[…] Searching Laptops at the Border […]
August 14th, 2008 at 9:02 pm
[…] very strong privacy policy for medical records to which all doctors and hospitals must adhere. As we blogged recently, the Department of Homeland Security has issued guidelines stating that border agents may seize and […]
August 27th, 2008 at 12:20 am
[…] government’s new policy about searching and seizing laptops at the border (which I blogged here), and the¬†case of Mr. Steven Warshak, where the feds have successfully asserted their right to […]
September 19th, 2008 at 9:08 am
[…] sort of surveillance of citizens, or the warrantless search and seizure of laptops at the border about which I wrote earlier. His non-response was that this sort of thing had been going on for years, even under Clinton. I am […]
March 12th, 2009 at 12:23 am
I love Michael Chertoff’s explanation of why border guards won’t bother with the niceties of probable cause provided for in the Fourth Amendment: “As a practical matter, travelers only go to secondary [for a more thorough examination] when there is some level of suspicion. Yet legislation locking in a particular standard for searches would have a dangerous, chilling effect as officers’ often split-second assessments are second-guessed.”
March 12th, 2009 at 12:38 am
I love Michael Chertoff’s explanation of why border guards won’t bother with the niceties of probable cause provided for in the Fourth Amendment: “As a practical matter, travelers only go to secondary [for a more thorough examination] when there is some level of suspicion. Yet legislation locking in a particular standard for searches would have a dangerous, chilling effect as officers’ often split-second assessments are second-guessed.”
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August 27th, 2009 at 10:21 pm
[…] year ago we blogged about the guidelines issued by Department of Homeland Security Director Michael Chertoff about […]
March 11th, 2010 at 2:59 pm
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