Search And Seizure At The US Border
Yesterday there was a lot of gasping in shock going around the web with the Homeland Security announcement that laptops could be seized at the border when entering the US. The gasps weren’t so much about Homeland Security’s attempts at curbing terrorism with snatching the laptops of people on some mystery list, but the fact that they could snatch laptops from anyone crossing the border, for no reason at all, and keep them for as long as they want.
This is distressing to say the least. Especially to people whose sole purpose of travel is to gather information, study culture, take photographs, and write for personal reasons.
Federal agents may take a traveler’s laptop computer or other electronic device to an off-site location for an unspecified period of time without any suspicion of wrongdoing, as part of border search policies the Department of Homeland Security recently disclosed. …
“The policies . . . are truly alarming,” said Sen. Russell Feingold (D-Wis.), who is probing the government’s border search practices. He said he intends to introduce legislation soon that would require reasonable suspicion for border searches, as well as prohibit profiling on race, religion or national origin. …
The policies cover “any device capable of storing information in digital or analog form,” including hard drives, flash drives, cellphones, iPods, pagers, beepers, and video and audio tapes. They also cover “all papers and other written documentation,” including books, pamphlets and “written materials commonly referred to as ‘pocket trash’ or ‘pocket litter.’ ” — Washington Post
This has been going on for some time, although the Homeland Security ‘policy’ on this issue was just announced recently as more and more electronic devices are seized.
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. — 4th Amendment to the US Constitution
Here is a link to Cnet’s Guide To Customs Proofing Your Laptop.
I want my civil liberties back. Is anyone listening?
