Fourth Amendment exclusion zone reaffirmed

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posted on Feb, 16 2013 @ 03:23 AM
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Originally posted by DarthMuerte
reply to post by Vrill
 

Who is John Galt?


The libertarian version of Twilights Bella?




posted on Feb, 16 2013 @ 10:58 AM
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reply to post by Vrill
 




He was handcuffed and then jailed for three hours while the authorities looked through his computer while numerous agents questioned him, according to the suit, which is pending in New York federal court.

www.wired.com...

I both understand the neccessity to search electronic devices on the border as well as the need to protect our civil liberties.

Checks and balances...The case above is pending in Federal Court...and folks should challenge this law whenever they are able. Believe it or not the courts welcome these challenges and the SCOTUS has been fairly fierce in thier defense of constitutional rights. This law has utility, but it also needs to be widdled down via the court system to insure that it is within constitutional bans. I'll be watching as these challenges make there way through the courts.



posted on Feb, 19 2013 @ 02:35 PM
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reply to post by Indigo5
 


I typically don't have trouble finding the court-briefs but this was one of the tougher ones. Here is a PDF of the plaintiff's motion to deny dismissal.

Found a good site in case you are interested that has all the documents regarding this case but this one is rich and it is the latest move by the Government:

Letter from Janet Napalitano

They are buying time because United States v. Cotterman is instrumental in shaping the case. In that, the Ninth Circuit agreed that the search must take place at the point of inspection. While it strengthens the "border search" doctrine, it also helps with regards to confiscation of property.


The Government cannot simply seize property under its border search power and hold it for weeks, months, or years on a whim. Rather, we continue to scrutinize searches and seizures effectuated under the longstanding border search power on a case-by-case basis to determine whether the manner
of the search and seizure was so egregious as to render it unreasonable.


This case will fall on some precedents set back in the 70s regarding searches at the border and not part of this 100 mile inclusion zone. I think this one will run all the way up to the Supreme Court.
edit on 19-2-2013 by ownbestenemy because: (no reason given)





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