No suspicion needed for laptop searches at borders and airports

[daddyooo]

http://www.tgdaily.com/business-and-law-features/37050-no-suspicion-needed-for-laptop-searches-at-borders-and-airports-%E2%80%93-us



San Francisco – A Federal Appeals Court has ruled that US Customs officers do not need reasonable suspicion to search the contents of laptop hard drives and other media. In a 3-0 decision, the Ninth US Circuit Court of Appeals in San Francisco ruled that laptops are just like any other physical property and can be searched at the nation’s borders. The judges also said airports with immigration checkpoints also serve as border stations.

The case involved 43-year-old Orange County California resident Michael Arnold who was returning from a three week vacation
(http://www.tgdaily.com/business-and-law-features/37050-no-suspicion-needed-for-laptop-searches-at-borders-and-airports-%E2%80%93-us#)in the Philippines in 2005. Arnold landed at the Los Angeles International Airport and was randomly selected for secondary screening by US Border and Customs officers.
The officers instructed Arnold to turn on his laptop and then went through his desktop (http://www.tgdaily.com/business-and-law-features/37050-no-suspicion-needed-for-laptop-searches-at-borders-and-airports-%E2%80%93-us#) folders. They saw two folders called “Kodak Memories” and “Kodak Pictures” and found two nude pictures of women in those folders. Supervisors were called and agents found child pornography in other folders. Arnold was charged with transporting child pornography and traveling (http://www.tgdaily.com/business-and-law-features/37050-no-suspicion-needed-for-laptop-searches-at-borders-and-airports-%E2%80%93-us#) overseas to have sex with a child.

Arnold and his attorney appealed to suppress the evidence. He argued that reasonable suspicion was needed to start the search because laptops (http://www.tgdaily.com/business-and-law-features/37050-no-suspicion-needed-for-laptop-searches-at-borders-and-airports-%E2%80%93-us#) were protected environments much like a home or the human mind. A lower court agreed and suppressed the evidence, but the Ninth Circuit has now reversed the decision.
The decision written by Judge Diarmuid O’Scannlain states that border agents don’t need any suspicion at all to search laptops because they are considered to be physical property like any other luggage going through the border. The decision can be interpreted to cover the contents of mobile phones and any other digital media.

[mikelodge]

http://www.tgdaily.com/business-and-law-features/37050-no-suspicion-needed-for-laptop-searches-at-borders-and-airports-%E2%80%93-us



San Francisco – A Federal Appeals Court has ruled that US Customs officers do not need reasonable suspicion to search the contents of laptop hard drives and other media. In a 3-0 decision, the Ninth US Circuit Court of Appeals in San Francisco ruled that laptops are just like any other physical property and can be searched at the nation’s borders. The judges also said airports with immigration checkpoints also serve as border stations.

The case involved 43-year-old Orange County California resident Michael Arnold who was returning from a three week vacation
(http://www.tgdaily.com/business-and-law-features/37050-no-suspicion-needed-for-laptop-searches-at-borders-and-airports-%E2%80%93-us#)in the Philippines in 2005. Arnold landed at the Los Angeles International Airport and was randomly selected for secondary screening by US Border and Customs officers.
The officers instructed Arnold to turn on his laptop and then went through his desktop (http://www.tgdaily.com/business-and-law-features/37050-no-suspicion-needed-for-laptop-searches-at-borders-and-airports-%E2%80%93-us#) folders. They saw two folders called “Kodak Memories” and “Kodak Pictures” and found two nude pictures of women in those folders. Supervisors were called and agents found child pornography in other folders. Arnold was charged with transporting child pornography and traveling (http://www.tgdaily.com/business-and-law-features/37050-no-suspicion-needed-for-laptop-searches-at-borders-and-airports-%E2%80%93-us#) overseas to have sex with a child.

Arnold and his attorney appealed to suppress the evidence. He argued that reasonable suspicion was needed to start the search because laptops (http://www.tgdaily.com/business-and-law-features/37050-no-suspicion-needed-for-laptop-searches-at-borders-and-airports-%E2%80%93-us#) were protected environments much like a home or the human mind. A lower court agreed and suppressed the evidence, but the Ninth Circuit has now reversed the decision.
The decision written by Judge Diarmuid O’Scannlain states that border agents don’t need any suspicion at all to search laptops because they are considered to be physical property like any other luggage going through the border. The decision can be interpreted to cover the contents of mobile phones and any other digital media.

I don't like any invasion of privacy but child porn or any exploitation in anyway if wrong and they should be punished.

[steviewonder]

It’s time to delete my photo gallery of Dominican Chicas. If seen they may think I’m a chulo… :rofl:

[Talis]

I have no pity for the child porn collector... But if you do travel with a laptop no doubt there are any number of documents a person would not want released should the laptop be stolen. I keep roughly 1/3 of my drive space encrypted so if stolen or searched there is no way to view or even see the nature of the content. The easiest way to do this is to use truecrypt - it is free: www.truecrypt.org - when you want to access the space you run the program, enter in your password, and a new drive pops up that works like any other drive. You can even make them totally invisible.. Also works on flash drives...

[Ram]

I have no pity for the child porn collector... But if you do travel with a laptop no doubt there are any number of documents a person would not want released should the laptop be stolen. I keep roughly 1/3 of my drive space encrypted so if stolen or searched there is no way to view or even see the nature of the content. The easiest way to do this is to use truecrypt - it is free: www.truecrypt.org (http://www.truecrypt.org) - when you want to access the space you run the program, enter in your password, and a new drive pops up that works like any other drive. You can even make them totally invisible.. Also works on flash drives...

I use it too.....can they force you to open the encrypted container though? They can see the invisible through the "missing" space on your hd? I have heard in Canada that if they are suspicious they can detain the laptop for futher analysis. I hear you on the child porn but how many of us can prove the girl in the picture is over 18? Even if you checked their cedula, did you take a picture of it? Are you sure it was real?

[naptime]

I use it too.....can they force you to open the encrypted container though? They can see the invisible through the "missing" space on your hd? I have heard in Canada that if they are suspicious they can detain the laptop for futher analysis. I hear you on the child porn but how many of us can prove the girl in the picture is over 18? Even if you checked their cedula, did you take a picture of it? Are you sure it was real?

exactly my concern.

im not concerned so much with them checking my laptop, or even seeing any of the chicas pics that i have..

but what proof do i have that they are legal pictures..

further more... if they REALLY wanted to.. you can be charged with transportation of pornagraphy across borders.


looks like from now on, i'll be emailing my pictures to myself before i leave country...


i get stopped EVERY trip at customs, coming home.

on the february trip, coming through miami, they went through EVERYTHING with a fine tooth comb... the thing they gave me the biggest hassle about... GUM.. fucking gum... chewing gum..

i had brough a bunch of gum for the chicas, and also for myself, because i was doing p90x at the time, and gum eased my craving for food.

i had about 10 packs left coming home.

dont you know, they took a piece of gum from EACH pack, and tested them for drugs.

i was straight up with the guy and told him why i had the gum, and explained the whole fucking chica gifts bag to him...

he didnt care. that gum was fishy to him.

first he figured it HAD to be laced with drugs...

then, nothing..

so then, i could see the thoughts in his head, he's thinking the chica gifts bag... with candy.. must be for kids...

so, he asks ... i notice you have a laptop and not one but TWO digital cameras (thats when mine broke and sicpup brought me a new one).... do you have a problem with me going through them..

now, on the one hadn, i had plenty of pics that i had taken, but i wasnt concerned about any of them.

but on the other hand, i feel this is an invasion of privacy.

but the brain in my head says, dont ever argue with customs..

so i tell the agent, "sure, go right ahead, do what you need to do, i got nothing to hide"

and with that, he says "ok, go ahead and pack everything up, yo uare free to go.

didnt even bother going through the computer and cameras, just wanted to know how i felt about it.

i was wrapped up with them and that damned gum for 2 hours. they had to have an agent run me to my connecting flight.

[whynotme]

last month when i came back from thailand i was taken in for secondary at calgary and customs asked if i had ant pornor drugs and went thru my laptop and camera and asked where the pics were..........i said i was so busy i didn't have time to take any(i had deleted them after posting them to isoc)

they then asked if i had a prescription for my cialis i said yes (didn't have one) and they said i could go catch my connecting flight to toronto which was delayed waiting for everyone that was a single male that came from thailand.

[Roy]

exactly my concern.

im not concerned so much with them checking my laptop, or even seeing any of the chicas pics that i have..

but what proof do i have that they are legal pictures..

further more... if they REALLY wanted to.. you can be charged with transportation of pornagraphy across borders.


looks like from now on, i'll be emailing my pictures to myself before i leave country...


i get stopped EVERY trip at customs, coming home.

on the february trip, coming through miami, they went through EVERYTHING with a fine tooth comb... the thing they gave me the biggest hassle about... GUM.. fucking gum... chewing gum..

i had brough a bunch of gum for the chicas, and also for myself, because i was doing p90x at the time, and gum eased my craving for food.

i had about 10 packs left coming home.

dont you know, they took a piece of gum from EACH pack, and tested them for drugs.

i was straight up with the guy and told him why i had the gum, and explained the whole fucking chica gifts bag to him...

he didnt care. that gum was fishy to him.

first he figured it HAD to be laced with drugs...

then, nothing..

so then, i could see the thoughts in his head, he's thinking the chica gifts bag... with candy.. must be for kids...

so, he asks ... i notice you have a laptop and not one but TWO digital cameras (thats when mine broke and sicpup brought me a new one).... do you have a problem with me going through them..

now, on the one hadn, i had plenty of pics that i had taken, but i wasnt concerned about any of them.

but on the other hand, i feel this is an invasion of privacy.

but the brain in my head says, dont ever argue with customs..

so i tell the agent, "sure, go right ahead, do what you need to do, i got nothing to hide"

and with that, he says "ok, go ahead and pack everything up, yo uare free to go.

didnt even bother going through the computer and cameras, just wanted to know how i felt about it.

i was wrapped up with them and that damned gum for 2 hours. they had to have an agent run me to my connecting flight.

Last trip through, I got the TOTAL sniff down. Frankly, I quite enjoyed it because I decided not to have my laundry done before I left. Last time, they put too much clorox in the water and ruined a bunch of my clothes.

So..... they pull me aside and start giving me the "Naptime" treatment, asking questions to get a reaction. When they got to my bag with the NASTY DIRTY STINK ASS clothes in it, I acted REALLY NERVOUS. He immediately unzipped it and started to dig in! HA! HA! HA! HA!, He got the biggest sniff of swamp ass clothes he's ever gotten.

I told him I didn't have time to warn him, and he then just said, "ok, you can go". Still can't figure out why he didn't put the clothes back in the bag.

[Passport Playa]

Last trip through, I got the TOTAL sniff down. Frankly, I quite enjoyed it because I decided not to have my laundry done before I left. Last time, they put too much clorox in the water and ruined a bunch of my clothes.

So..... they pull me aside and start giving me the "Naptime" treatment, asking questions to get a reaction. When they got to my bag with the NASTY DIRTY STINK ASS clothes in it, I acted REALLY NERVOUS. He immediately unzipped it and started to dig in! HA! HA! HA! HA!, He got the biggest sniff of swamp ass clothes he's ever gotten.

I told him I didn't have time to warn him, and he then just said, "ok, you can go". Still can't figure out why he didn't put the clothes back in the bag.

Roy,

I swear you tell the best freakin stories!

The Mac Man

[rushdog34]

so what does this mean exactly.... stop takin photos?? or what exactly are the consequences??

[naptime]

my guess is that specificially, they are trying to catch guys that are traveling, to have sex with kids.


i'm not going to stop taking pictures.

i will however, start emailing the bedroom pics to myself, or upload to isoc, before catching my flight. just to avoid any hassle, if some bible thumping customs agent with a hardon has an issue with naked pictures.

[LJDMV]

I would think that if coming from the DR they are only really concerned about drugs. When I returned back in march to newark they were stopping every male, black or latino 50 and under for a check. They guy that checked me was clearly looking for drugs. If they start looking for guys with nude photos there will be many guys in trouble.

[Ram]

I would think that if coming from the DR they are only really concerned about drugs. When I returned back in march to newark they were stopping every male, black or latino 50 and under for a check. They guy that checked me was clearly looking for drugs. If they start looking for guys with nude photos there will be many guys in trouble.

I have had requests to look at my camera twice coming from the DR. One in Canada and once in the US. Both times I had my "tourist picts" card in my camera....the other card tucked away you might say. I just don't want anyone seeing my pinga. :corky:

[hioctane]

I just got back from Colombia.. They search EVERYTHING with a fine tooth comb.. Not just randomly.. EVERYONE. I was actually scared that they would look in my computer and camera. I was reading about it before I left. I purposely planted photos in my camera and hid photos on the hard drive. They didn't search either, but the agents had fun looking at my toy and panty collection.. :o

[rushdog34]

that makes sense... now what to do of the pix of the regular girls from the states on my comp is another lol... guess the external hard drive is soon to be my friend



my guess is that specificially, they are trying to catch guys that are traveling, to have sex with kids.


i'm not going to stop taking pictures.

i will however, start emailing the bedroom pics to myself, or upload to isoc, before catching my flight. just to avoid any hassle, if some bible thumping customs agent with a hardon has an issue with naked pictures.