Court: Border search of businessman's laptop 'unreasonable'
May 8, 5:44 PM EDT
Court: Border search of businessman's laptop
'unreasonable'
WASHINGTON (AP) -- A federal court has ruled that the
government's search of a traveling businessman's laptop at the California
border was unreasonable and violated his privacy.
In an opinion posted Friday, U.S. District Court Judge
Amy Berman Jackson suppressed evidence obtained from the computer of South
Korean businessman Jae Shik Kim, undercutting the government's case that he
conspired to sell aircraft technology illegally to Iran. Jackson said that
federal law enforcement improperly used Kim's border crossing as an excuse to
seize his computer and gather evidence it needed to prove suspected arms
control violations.
The ruling was a sharply worded rebuke of the Obama administration's
treatment of laptops as containers like any other that can be searched without
a warrant and without time limits to protect national security.
The search was unreasonable because it "was
supported by so little suspicion of ongoing or imminent criminal activity"
and "was so invasive of Kim's privacy," she wrote.
President Barack Obama and his predecessors have
maintained that people crossing into U.S. territory aren't protected by the
Fourth Amendment against unreasonable search and seizure. That policy is
intended to allow intrusive searches that keep drugs, child pornography and
other illegal imports out of the country. But it also means the government
could, at least in theory, target travelers for no reason other than political
advocacy, for example.
The American Civil Liberties Union and similar groups
have argued that the policy has been used to build criminal cases against
individuals when the government can't obtain a warrant.
In one case, a young computer programmer named David
House sued the government for taking and copying the contents of his laptop,
thumb drive and cellphone at the border after vacationing with his girlfriend
in Mexico. House had been an associate of Army Pvt. Chelsea Manning, who was
convicted of leaking classified information. In documents released in the case,
federal officials noted that House had left the country and were waiting for
his return to search his laptop.
The government eventually acknowledged that House had not
committed a crime and promised as part of a 2013 legal settlement to destroy
copies of his personal data obtained in the search.
But court rulings on the matter have been mixed.
In spring 2013, the 9th U.S. Circuit Court of Appeals
ruled that the government should have reasonable suspicion before conducting a
comprehensive search of an electronic device. But that ruling only applies to
the nine Western states and Guam that fall under that court's jurisdiction, and
it left questions about what constitutes a comprehensive search.
Later that same year, a judge at the U.S. District Court
for the Eastern District of New York ruled in favor of laptop searches at the
border, saying they were so rare that citizens weren't at risk of being
violated.
In the latest ruling, Jackson said the search of Kim's
laptop clearly went beyond a routine border inspection because it involved
transporting the computer 150 miles from the airport and holding it
indefinitely so officials could copy and review its content.
"After hearing all of the facts, the court cannot
help but ask itself whether the examination in this case can accurately be
characterized as a border search at all. And if not, it surely cannot be
justified by the concerns underlying the border search doctrine," Jackson
wrote.
According to a January announcement by the Justice
Department, Kim and his company, Karham Eng. Corp., located in Seoul, South
Korea, conspired with individuals in China and Iran to buy U.S. navigation
technology used in aircraft and missiles and sell them to Iran.
Officials at the Justice Department declined comment. The
Department of Homeland Security did not immediately respond to requests for
comment.
© 2015 The Associated Press. All rights reserved.
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