FlyerTalk Forums - View Single Post - Abusive electronics searches at the border
Old Nov 23, 2010 | 12:34 am
  #42  
q209
 
Join Date: Nov 2010
Location: California
Posts: 7
Originally Posted by Big Mo
That's an overstatement. The Supreme Court has held that even the guys locked up in Guantanamo Bay (not in the US) have rights.
I would hope you're right! But then, I read passages such as this:

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The exact wording from the Ninth Court’s Decision is as follows:

“First, we address whether the forensic analysis of Romm’s laptop falls under the border search exception to the warrant requirement. We review the legality of a border search de novo. United States v. Okafor, 285 F.3d 842, 845 (9th Cir. 2002). Under the border search exception, the government may conduct routine searches of persons entering the
United States without probable cause, reasonable suspicion, or a warrant. See United States v. Montoya de Hernandez, 473 U.S. 531, 538 (1985). For Fourth Amendment purposes, an international airport terminal is the “functional equivalent” of a border. See Okafor, 285 F.3d at 845 (citing Almeida-Sanchez v. United States, 413 U.S. 266, 272-73 (1973)). Thus, passengers deplaning from an international flight are subject to routine border searches.”1

Doesn't seem to matter if you're a citizen: when on the other side of the fence, some droid's perception of 'safety' is all that matters.

http://www.associatedcontent.com/art...op.html?cat=17
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