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E.D.Mich.: Removal of computer from Customs for a detailed border search required reasonable suspicion

By John Wesley Hall, Jr.

Defendant’s computer was searched for child porn at Customs when he arrived at the Detroit airport. The computer was removed to another location for further analysis, which would be questionable under Place. The removal to another location could only occur with reasonable suspicion. “The defendant's analogy to the extended border search cases therefore is apt. But that does not mean that the subsequent examination of the Twinhead laptop was invalid. The Court believes instead that the ICE agents had reasonable suspicion to believe that [both] the computers ... contained contraband, and the continued detention and examination of those items was reasonable.” United States v. Stewart, 2010 U.S. Dist. LEXIS 50876 (E.D. Mich. May 24, 2010)...continue to full post

Full post as published by Fourth Amendment on May 26, 2010 (boomark / email).