A federal appeals court has ruled that the Obama administration does not have the right to search or seize a person’s electronic devices when they cross the border.
Good news: A federal appeals court has ruled that the Obama administration does not have the right to search or seize a person’s electronic devices when they cross the border.
The [Department of Homeland Security’s] civil rights watchdog, for example, last month reaffirmed the Obama administration’s position that travelers along the nation’s borders may have their electronics seized and the contents of those devices examined for any reason whatsoever — all in the name of national security.
The San Francisco-based appeals court, ruling 8-3, said that view was too extreme. Under the ruling, border agents may undertake a search of a gadget’s content on a whim, just like they could with a suitcase or a vehicle. However, a deeper forensic analysis using software to decrypt password protected files or to locate deleted files now requires “reasonable suspicion” that criminal activity is afoot. The court left rules intact that a “manual review of files on an electronic device” may be undertaken without justification. [emphasis mine]
Why is it that I sometimes get the feeling that this administration does not know how to read? They certainly seem all too often completely unfamiliar with the Constitution.