Number: RL34404
Title: Border Searches of Laptop Computers and Other Electronic Storage Devices
Authors: Yule Kim and Anna C. Henning, American Law Division 
Abstract: The federal courts have universally held that the border search exception applies to laptop computer searches conducted at the border. Although the Supreme Court has not directly addressed the degree of suspicion needed to conduct a warrantless laptop border search, the federal appellate courts that have addressed the issue appear to have concluded that reasonable suspicion is not needed to justify such a search. The Ninth Circuit, in United States v. Arnold, explicitly held that reasonable suspicion is not required to conduct a warrantless search of a laptop at the border. Two related bills introduced in the 110th Congress, H.R. 6702 and H.R. 6588, would impose more rigorous standards for laptop searches than those the federal courts have determined are constitutionally required.
Pages: 11
Date: November 17, 2008