We basically need no level of suspision to look at a laptop. You are at the border, or the functional equivilant of the border and that is all we need.
We generally look for Kiddie Porn, but also look for terrorism/national security related information as well, if we believe there is a need. If we find evidence that would lead us to think there may be fraud, financial crimes, OFAC issues. We generally detain the computer and have our ICE Special Agents take possession of it and they take the case from that point.
Do you deny entry to people who do not offer passwords or otherwise allow access to files? Does it matter if they are citizens or non-citizens? Will you detain non-citizens that refuse to comply with a request for access?
We will not deny them entry if they are USC's or if they can legally enter the country. We can and will detain the laptop or harddrive if they will not provide us the passwords. We would then send the HD to our cyper crimes unit in DC that would look through the computer
We can and do let Non-citizens withdraw their application for entry, but we always give the Canadians a courtesy call so that they may deal with their own citizen.
I have always understood that the 4th Amendment stops at the border, so this ruling seems correct to me. Its all the other stuff that goes along with it that is concerning.
As far as claims to priveledge, I have never dealt with it. I imagine that we would detain the computer without looking at it until we get a ruling from out chief counsil
What other stuff???Statistics: Posted by bigwheell — Wed Apr 30, 2008 5:51 pm
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