En Banc Ninth Circuit Adopts Special Rule For Searches of Laptops That Cross Border

Agents of the Department of Homeland Security must have reasonable suspicion of criminal activity before they conduct a forensic search of laptop computers, smartphones, or other digital media that travelers bring across the border, the en banc U.S. Court of Appeals for the Ninth Circuit announced March 8 (United States v. Cotterman, 9th Cir. (en banc) en banc, No. 09-10139).

These devices’ nature and capacity to store large amounts of private information, including deleted files, means that even at the border a “comprehensive” search of digital media is not reasonable within the meaning of the Fourth Amendment unless ...