Latest Thinking From Huang & Hu
Suspicionless Border Searches of Electronics Must Stop
Following the path to switch off Fourth Amendment search exceptions demonstrated in Riley and Carpenter, courts should find the border search exception no longer applies to the data that stored on the devices. The underlying rationale no longer holds up because the violation of person’s privacy interest gets much more intrusive in the digital age. In addition, a basic search at the border should be considered non-routine because of its intrusive nature.