PogoWasRight.org

Menu
  • About
  • Privacy
Menu

Update on United States v. Cotterman, Ninth Circuit Case Applying the Border Search Exception to Computers

Posted on January 17, 2011July 3, 2025 by Dissent

Orin Kerr discusses a case that is of special interest these days when some WikiLeaks volunteers or known associates of Pfc Bradley Manning are reporting that whenever they travel, their computers and cell phones are seized and they are harassed questioned for hours:

Back in 2009, I blogged about a fascinating Fourth Amendment district court decision involving how the border search exception applies to computers, United States v. Cotterman. Cotterman deals with how the government can execute a border search of a computer given that forensic searches of computers can take a long time and require considerable expertise. In particular, can federal agents seize the computer and bring it to the expert, and hold the computer for the travel time and forensic time, while still fitting within the border search exception? Or, to put it another way, if the government seizes a computer at the border, and the law permits an immediate search without suspicion at the border, what are the limits on how long the government can hold the computer and where they can bring it before triggering a suspicion requirement?

Read more on The Volokh Conspiracy.

Under the “Gut Doctrine of Law” to which I adhere (if it feels wrong in my gut, it must be wrong), the government should not be allowed to seize electronics at the border for further inspection without at least meeting the standard for reasonable suspicion. Indeed, I don’t think they should even be allowed to search them without reasonable suspicion. Citizens re-entering their own country should not have to tolerate this “exception” to Fourth Amendment protections.

Related posts:

  • What are your rights if border officials want to search your phone?
  • Ninth Circuit Decides Cotterman Case, Reversing District Court on Laptop Seizure at the Border
Category: CourtSurveillance

Post navigation

← Facebook draws ires over newest development
CO: Family receives mysterious documents →

Now more than ever

Search

Contact Me

Email: info@pogowasright.org

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

Categories

Recent Posts

  • Microsoft’s controversial Recall feature is now blocked by Brave and AdGuard
  • Trump Administration Issues AI Action Plan and Series of AI Executive Orders
  • Indonesia asked to reassess data privacy terms in new U.S. trade deal
  • Meta Denies Tracking Menstrual Data in Flo Health Privacy Trial
  • Wikipedia seeks to shield contributors from UK law targeting online anonymity
  • British government reportedlu set to back down on secret iCloud backdoor after US pressure
  • Idaho agrees not to prosecute doctors for out-of-state abortion referrals

RSS Recent Posts on DataBreaches.net

  • Scattered Spider is running a VMware ESXi hacking spree
  • BreachForums — the one that went offline in April — reappears with a new founder/owner
  • Fans React After NASCAR Confirms Ransomware Breach
  • Allianz Life says ‘majority’ of customers’ personal data stolen in cyberattack (1)
  • Infinite Services notifying employees and patients of limited ransomware attack
©2025 PogoWasRight.org. All rights reserved.
Menu
  • About
  • Privacy