Blurring The Boundaries Of Border Search Authority

Law360, New York (September 16, 2011, 12:57 PM EDT) -- A case in the Eastern District of New York that is awaiting a decision on the government's motion to dismiss could call into question the authority of U.S. Customs and Border Protection to conduct warrantless searches of electronic devices at international borders. The case, Abidor v. Napolitano, specifically challenges the policies of the U.S. Department of Homeland Security that authorize the suspicionless search and detention of electronic devices such as laptops and cellphones as violative of Fourth Amendment and First Amendment rights.

This case, like many...
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