4 ms·
No. > As part of the relief sought, Plaintiffs seek expungement of all information gathered from, or copies made of, the contents of Plaintiffs’ electronic dev
by vilhelm_s 7y ago
No.
> As part of the relief sought, Plaintiffs seek expungement of all information gathered from, or copies made of, the contents of Plaintiffs’ electronic devices including social media information and device passwords. [...] Although this is not a criminal case, considering the remedy for the unconstitutional search in the criminal context is illustrative of the extraordinary nature of the remedy sought here. Even where law enforcement officers have conducted a search in violation of the Constitution, the “fruits of [the] search need not be suppressed if the agents acted with the objectively reasonable belief that their actions did not violate the Fourth Amendment.” [...] even where criminal proceedings followed a border search that exceeded the bounds of the Fourth Amendment and the fruits of same were suppressed, expungement of the border agents’ files would not necessarily follow. Nor should it where other deterrents to border agents’ unconstitutional searches remain in place. [...] In light of this other relief, including declaratory relief, the Court DENIES the request for expungement of information
https://www.aclu.org/sites/all/libraries/pdf.js/web/viewer.html?file=https%3A%2F%2Fwww.aclu.org%2Fsites%2Fdefault%2Ffiles%2Ffield_document%2Falasaad_opinion_summary_judgment.pdf https://www.aclu.org/sites/all/libraries/pdf.js/web/viewer.h...