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Later on page 46 there's a more succinct statement. The judge is evaluating one element of the relief the plaintiffs sought--that the agencies be required to e
by abathur 7y ago
Later on page 46 there's a more succinct statement.
The judge is evaluating one element of the relief the plaintiffs sought--that the agencies be required to expunge data copied during a search which, per the ruling, is unconstitutional. More specifically, the judge is addressing one stated reason for seeking that relief--concern that data obtained unconstitutionally will leave them forever flagged for extra scrutiny.
> "in the future, whether information has been retained from prior searches or not, agents must be able to point to specific and articulable facts for reasonable suspicion to believe that Plaintiffs’ electronic devices contain contraband, which also addresses the concern about any likelihood, greater than the general public of U.S. citizens returning to the U.S. borders, of being subject to a non-cursory search."