WTF is this "Constitution 'exemption' zone spans 100 miles inland of US border– judge

kusai

Well-Known
Oct 30, 2011
1,522
36
Bedford TX
LiveLeak.com - Constitution 'exemption' zone spans 100 miles inland of US border? judge



A US federal judge has reaffirmed an Obama administration policy granting officials the authority to search Americans' laptops, citing a controversial premise that makes citizens within 100 miles of the border eligible for a police check.

District Judge Edward Korman made his ruling in New York on Tuesday, more than three years after the American Civil Liberties Union (ACLU) filed suit. The ACLU claimed that - since Americans put so much of their lives on their computers, cell phones, and other devices – border officials should have reasonable suspicion before sifting through someone's personal files.

Attorneys argued that searches conducted without reasonable suspicion are a violation of the Fourth Amendment, which protects against unreasonable search and seizure.

Not so, according to Judge Korman. In his decision Tuesday he argued that the area 100 miles inland falls under a “border exemption.”

“Laptops have only come into widespread use in the twenty-first century. Prior to that time, lawyers, photographers, and scholars managed to travel overseas and consult with clients, take photographs, and conduct scholarly research,” wrote Korman.

“No one ever suggested the possibility of a border search had a chilling effect on his or her First Amendment rights. While it is true that laptops make overseas work more convenient, the precaution plaintiffs may choose to take to 'mitigate' the alleged harm associated with the remote possibility of a border search are simply among the many inconveniences associated with international travel.”

The federal government has long conducted searches on travelers entering and leaving the US, but Congress expanded that policy by creating the Department of Homeland Security and setting up at least 33 checkpoints inside the country where people are stopped and asked to prove their citizenship.

The trouble is, the ACLU noted, that almost two-thirds of the population (197.4 million people) live within 100 miles of the US border. New York, Washington, Boston, San Francisco, Los Angeles, Miami, and dozens of other major metropolitan areas fall under the so-called “exemption” zone.

The civil-liberties advocacy group filed suit in 2010 on behalf of Pascal Abidor, a 29-year-old Islamic Studies student whose laptop computer was held for 11 days when he was traveling by Amtrak rail from Canada to his parents' home in New York.

Abidor was sitting in the train's cafe car when an officer forced him to take out his laptop then “ordered Mr. Abidor to enter his password,” the suit claimed. The computer contained images of Hamas and Hezbollah rallies and the agents, unmoved by Abidor's assertion the images were related to his studies, handcuffed the young man and kept him detained for three hours, questioning him numerous times.

Department of Homeland Security data indicates that 6,500 people had their devices search between 2008 and 2010 alone.

Catherine Crump, the ACLU attorney who argued Abidor's case, told Wired that the group was considering filing an appeal.

“We're disappointed in today's decision, which allows the government to conduct intrusive searches of Americans' laptops and other electronics at the border without any suspicion that those devices contain evidence of wrongdoing,” she said.

“Suspicionless searches of devices containing vast amounts of personal information cannot meet the standard set by the Fourth Amendment... Unfortunately, these searches are part of a broader pattern of aggressive government surveillance that collects information on too many innocent people, under lax standards, and without adequate oversight.”
 

Younggun

Ginger Avenger
TGT Supporter
Admin
Jul 31, 2011
50,683
113
hill co.
WTF is this "Constitution 'exemption' zone spans 100 miles inland of US borde...

And anything you electronically communicate from anywhere........

The exemption zone goes a lot further than 100 miles.
 

ROGER4314

Been Called "Flash" Since I Was A Kid!
Jul 11, 2009
10,415
83
East Houston
Why would they even bother laying out rules for these searches? It sounds like the turds will massage the rules any way they want anyway! A far more honest approach would be for them to say: "We will do whatever the Hell we want to do!"

Flash
 

mosin

Active Member
Mar 21, 2013
877
36
Laredo
FWIW about as intrusive as they get at the 100 mile check point heading out of laredo is asking for the wife's greencard because she refuses to just say yes when they ask if we're citizens. There is no search or proof or anything when heading out on 59, if you take I35 they got dogs sniffin random cars as you pass through but no search or proof of anything.

It is not that I agree with the policy, I'm just saying how it works for anyone that hasn't driven through one of the secondary border checkpoints or whatever you want to call it.
 

Sponsors

Greeneye Tactical
Texas Gun Forum Ad
silencers
third coast
Ranier
Tyrant Designs
DK Firearms

Forum statistics

Threads
94,264
Messages
2,079,530
Members
30,169
Latest member
allcountry49
Top Bottom