9th Circuit Appeals Court: 4th Amendment Applies At The Border

Discussion in 'Travel Security' started by bigx0, Mar 8, 2013.  |  Print Topic

  1. bigx0

    bigx0 Gold Member

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    Wow, sounds like a big win here for privacy advocates!
    "In a somewhat surprising 9th Circuit ruling (en banc, or in front of the entire set of judges), the court ruled that the 4th Amendment does apply at the border, that agents do need to recognize there's an expectation of privacy, and cannot do a search without reason. Furthermore, they noted that merely encrypting a file with a password is not enough to trigger suspicion..."

    http://www.techdirt.com/articles/20...otected-files-shouldnt-arouse-suspicion.shtml
     
    Gargoyle, MX and HaveMilesWillTravel like this.
  2. paladin87
    Original Member

    paladin87 Silver Member

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    No one listens to the 9th circuit. If this was any other court, I would lend it a lot more weight.
     
  3. FlyingBear
    Original Member

    FlyingBear Silver Member

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    Really? A bunch of stuff that came from there appears to have quite a bit of weight. Even as they are inconsistent on this particular side of things.
     
  4. paladin87
    Original Member

    paladin87 Silver Member

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    We will see. According to research from the ABA, other than the Federal Circuit court, the 9th circuit is overturned/vacated most frequently and upheld the least among all circuit courts. Granted the difference is not ENORMOUS, but it is there (from 1999 to 2008 the highest being the 9th at 80% the lowest being the 7th at 55.2). Also, I don't see the current make up of the court supporting this decision completely. I could see blocking forensic searches without any justification on the grounds that the 4th amendment does not apply, but I could see another avenue being carved out.
     
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