WebDec 9, 2024 · The Current State of the Law. Although the US Constitution prohibits warrantless searches under most circumstances, the US Supreme Court has long recognized a “border search exception” that ... Web“frequent traveler,” might be involved in child sex tourism, border agents referred the couple for a sec-ondary inspection. (Id.) During a vehicle search, the border agents found three digital cameras contain-ing the couple’s vacation and personal photos, as well as two laptops—one of which (Cotterman’s)
United States v. Cotterman (Amicus Brief) - Brennan …
WebDec 9, 2024 · The Current State of the Law. Although the US Constitution prohibits warrantless searches under most circumstances, the US Supreme Court has long … WebAug 20, 2009 · Cotterman to inspections occurring outside of the Ninth Circuit is a welcome change. The assertion that information stored in the “Cloud” falls outside the scope of a border search is also helpful, even though it merely reiterates what was already stated in an earlier USCBP memorandum. dr larry stephenson neurology
UNITED STATES v. COTTERMAN (2011) FindLaw
Cotterman filed a motion to suppress all evidence seized by Customs officials and argued that the search of his laptop 170 miles from the port of entry over a period of four days was a non-routine border search requiring reasonable suspicion ." [1] The motion was granted by the District Court in Cotterman's … See more United States v. Cotterman, (9th Cir. en banc 2013), is a United States court case in which the United States Court of Appeals for the Ninth Circuit held that property, such as a laptop and other electronic storage … See more On April 6, 2007 at approximately 10 AM, Howard and Maureen Cotterman drove from Mexico to the Lukeville Port of Entry (POE). Upon arrival, the inspector checked the See more Reversing the reasoning of the panel, the Ninth Circuit held that forensic examination of a computer seized at the border requires reasonable suspicion. The court also held that there was reasonable suspicion in this case because there was an alert informing … See more • United States v. Arnold • Fourth Amendment to the United States Constitution • Border search exception • In re Boucher See more In the majority opinion, Judge Tallman agreed with the Government that border search doctrine allowed property to be transported to a secondary site for examination. … See more A petition for Writ of Certiorari was filed with the United States Supreme Court on August 5, 2013, after several extensions of time. Did the Ninth … See more On September 29, 2014, Cotterman was sentenced by Chief U.S. District Judge Raner C. Collins to serve 35 years in prison for child exploitation offenses. Following a trial in … See more WebMar 8, 2013 · USA V. HOWARD COTTERMAN, No. 09-10139 (9th Cir. 2013) ... The en banc court explained that a border search of a computer is not transformed into an “extended border search” requiring particularized suspicion simply because the device is transported and examined beyond the border. The en banc court wrote that the fact that … Websuited for an innovative approach because of the longstanding border search exception. Part I traces the development of the border search exception and describes the exception as it stands today. Part II examines the lead-up to Cotterman, including the facts and the procedural history of the case, and the decision itself. dr larry stewart plano