Ninth Circuit Rules Reasonable Suspicion of Criminal Activity Required before Forensic Examination of Electronic Device at Borders

19 March 2013

HL Chronicle of Data Protection

On March 8th, the United States Court of Appeals for the Ninth Circuit, sitting en banc, held in United States v. Cotterman that the Fourth Amendment requires border agents to have at least a reasonable suspicion of criminal activity before they may conduct a forensic examination of a person’s electronic device. Hogan Lovells lawyers briefed and Hogan Lovells partner Chris Handman argued as amicus on behalf of the Constitution Project, a bipartisan, not-for-profit organization that promotes consensus-based solutions to the significant constitutional questions facing Americans in the 21st century.

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