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posted by Fnord666 on Monday May 14 2018, @10:09AM   Printer-friendly
from the sudden-outbreak-of-common-sense dept.

Submitted via IRC for Runaway1956

In a victory for privacy rights at the border, the U.S. Court of Appeals for the Fourth Circuit today ruled that forensic searches of electronic devices carried out by border agents without any suspicion that the traveler has committed a crime violate the U.S. Constitution.

The ruling in U.S. v. Kolsuz is the first federal appellate case after the Supreme Court's seminal decision in Riley v. California (2014) to hold that certain border device searches require individualized suspicion that the traveler is involved in criminal wrongdoing. Two other federal appellate opinions this year—from the Fifth Circuit and Eleventh Circuit—included strong analyses by judges who similarly questioned suspicionless border device searches.

Source: https://www.eff.org/deeplinks/2018/05/fourth-circuit-rules-suspicionless-forensic-searches-electronic-devices-border-are


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  • (Score: 2) by crafoo on Monday May 14 2018, @10:48PM

    by crafoo (6639) on Monday May 14 2018, @10:48PM (#679806)

    I agree with your root cause in principle.

    I think, practically speaking, the root cause is incentives. There is no incentive to treat people as innocent until proven guilty. There is no incentive to act courteous and decent to citizens. Their is no incentive to not fully prosecute and imprison innocent people (even if you know they are innocent!)

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