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Can You Frisk a Hard Drive?

Posted on February 20, 2011July 3, 2025 by Dissent

David K. Shipler writes:

… Digital inspections raise constitutional questions about how robust the Fourth Amendment’s guarantee “against unreasonable searches and seizures” should be on the border, especially in a time of terrorism. A total of 6,671 travelers, 2,995 of them American citizens, had electronic gear searched from Oct. 1, 2008, through June 2, 2010, just a tiny percentage of arrivals.

“But the government’s obligation is to obey the Constitution all the time,” said Catherine Crump, a lawyer for the American Civil Liberties Union. “Moreover, controversial government programs often start small and then grow,” after which “the government argues that it is merely carrying out the same policies it has been carrying out for years.”

Read more in The Ledger.

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  • What are your rights if border officials want to search your phone?
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