It’s not often I find much to applaud coming out of the Ninth Circuit Court of Appeals (See an interview with one of the better justices here.), but here’s a hell of a good ruling:
U.S. customs officials must have a reasonable justification before snatching your laptop at the border and scanning through all your files for incriminating data, a federal appeals court ruled today.
The mere act of entering the country is not reasonable suspicion enough for you to not be “…secure in their persons, houses, papers, and effects, against unreasonable searches and seizures…” guaranteed by the Fourth Amendment of the Constitution of the United States. Additionally, this means their ludicrous claim to be able to extend this unconstitutional policy to anyone within 100 miles of the border, are rendered null and void.
Just in case you’re confused Ms. Napolitano (and it seems likely, having some mutual acquaintances), here’s the very clear primary law regarding searches in the United States (emphasis mine):
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.