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The court's order suppressing the search has more detail on the situation and the government's arguments: https://www.unitedstatescourts.org/federal/dcd/159072/
by jayess 11y ago
The court's order suppressing the search has more detail on the situation and the government's arguments: https://www.unitedstatescourts.org/federal/dcd/159072/42-0.html https://www.unitedstatescourts.org/federal/dcd/159072/42-0.h...
"The search of the laptop began well after Kim had already departed, and it was conducted approximately 150 miles away from the airport. The government engaged in an extensive examination of the entire contents of Kim’s hard drive after it had already been secured, and it accorded itself unlimited time to do so. There was little or no reason to suspect that criminal activity was afoot at the time Kim was about to cross the border, and there was little about this search – neither its location nor its scope and duration – that resembled a routine search at the border. The fundamental inquiry required under the Fourth Amendment is whether the invasion of the defendant’s right to privacy in his papers and effects was reasonable under the totality of the circumstances, and the Court finds that it was not."