(09-23) 17:06 PDT SAN FRANCISCO — The Bush administration has overturned a 22-year-old policy and now allows customs agents to seize, read and copy documents from travelers at airports and borders without suspicion of wrongdoing, civil rights lawyers in San Francisco said Tuesday in releasing records obtained in a lawsuit.
The records also indicate that the government gives customs agents unlimited authority to question travelers about their religious beliefs and political opinions, said lawyers from the Asian Law Caucus and the Electronic Frontier Foundation. They said they had asked the Department of Homeland Security for details of any policy that would guide or limit such questioning and received no reply.
How can anyone find this even remotely acceptable under the Constitution? Note that it doesn’t appear to even limit the policy to foreign (non-American) travelers. When you combine this with the Ninth Circuit’s earlier decision, the Bush Administration is blatantly ignoring the Fourth Amendment which states:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Customs agents at U.S. airports don’t need any evidence of wrongdoing to search the contents of passengers’ laptop computers, a federal appeals court ruled Monday.
Reinstating child pornography evidence against a passenger at Los Angeles International Airport, the Ninth U.S. Circuit Court of Appeals in San Francisco said a computer is no different from a suitcase, a car or any other piece of property subject to search at an international border.
Although police need probable cause - specific evidence of criminal activity - to search someone on the street, the U.S. Supreme Court has ruled that no such evidence is necessary for a border search. Courts have also ruled that an international airport is the equivalent of a border.
Border agents would need grounds for suspicion before conducting a body search, but a “piece of property simply does not implicate the same dignity and privacy concerns as highly intrusive searches of the person,” the court said. Judge Diarmuid O’Scannlain wrote the 3-0 decision.
Hopefully, when this makes it to the Supreme Court (and I’m sure it ultimately will), they’ll make the right decisions with regards to privacy.
It’s reasonable to ask someone to turn on their laptop to ensure that it’s not a bomb, but what reason could someone possibly have for looking at files stored on the computer without some sort of probable cause?
To me, despite the Ninth Circuit’s decision (which is surprising, since the Ninth Circuit is usually one of the more “liberal” Courts of Appeal), this smacks of a direct violation of a person’s Fourth Amendment rights.
For those that aren’t familiar, the Fourth Amendment states:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
In today’s age of electronics, I’d call a person’s laptop to effectively be “papers, and effects” … even if the defendant in this case is a pervert carrying child porn, the Customs officials should have never looked at the the files on the laptop without probable cause.
And nowhere, in any of the articles that I’ve found thus far, has there been any indication that this was the case. Instead, they’re claiming that “hey, we can open your luggage to make sure you’re not carrying drugs, so that means we can search all of your business and/or personal documents on your laptop at will as well.”
Talk about a slippery slope … once again I think that Blackstone’s Formulation should rule the day. As a reminder, Blackstone’s Formulation states, “it is better that ten guilty persons escape, than that one innocent suffer.”
There is freedom within, there is freedom without
Try to catch the deluge in a paper cup
There’s a battle ahead, many battles are lost
But you’ll never see the end of the road
While you’re traveling with me
Hey now, hey now
Don’t dream it’s over
Hey now, hey now
When the world comes in
They come, they come
To build a wall between us
We know they won’t win
Now I’m towing my car, there’s a hole in the roof
My possessions are causing me suspicion but there’s no proof
In the paper today tales of war and of waste
But you turn right over to the T.V. page
Hey now, hey now
Don’t dream it’s over
Hey now, hey now
When the world comes in
They come, they come
To build a wall between us
We know they won’t win
Now I’m walking again to the beat of a drum
And I’m counting the steps to the door of your heart
Only shadows ahead barely clearing the roof
Get to know the feeling of liberation and relief
Hey now, hey now
Don’t dream it’s over
Hey now, hey now
When the world comes in
They come, they come
To build a wall between us
Don’t ever let them win
