Federal court okays warrantless searches of laptops at US borders

RAW STORY
Published: Friday July 28, 2006

In a unanimous ruling, the 9th Circuit Court of Appeals has ruled that laptop computers may be searched by police at the US border, according to Technology Today, RAW STORY has learned. The court's three judges ruled that laptops searches and seizures are allowed "under the border search doctrine."

In its ruling, the court noted that the appellant, defendant Stuart Romm, had been in a hotel room in the US where he connected to the Internet and downloaded images of child pornography. Subsequently, Romm was denied entrance to Canada when authorities at the border learned he had a criminal past and was serving probation for a conviction of possessing child pornography. Romm was turned over to US agents who searched his laptop and discovered the pornographic images.

Based on information from Romm's computer, he was sentenced to fifteen years. This case was a result of his appeal.

The court's opinion may be found here.

Excerpts from the report follow:

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The 9th U.S. Circuit Court of Appeals ruled this week that border police may randomly search laptop computers without search warrants or probable cause, News.com reports. The decision was the result of a business traveler protesting the warrantless search and seizure of his laptop at the Canadian border by the U.S. Homeland Security Department. According to the court, it is permissible for searches to include the seizing of laptops and forensic analysis. Judge Carlos Bea wrote the opinion for the court, which found that the forensic analysis of the laptop in question "was permissible without probable cause or a warrant under the border search doctrine." Two other judges joined him in the unanimous ruling.