In the past three years, nearly 12,000 people have had their electronic devices searched when crossing international borders into the United States. These searches are being challenged in Abidor v. Napolitano, a case that could have repercussions for anyone carrying electronic devices when crossing international borders into the United States.
The case sheds light on the border search issues that CBLDF has been tracking and about which we issued an advisory last spring. Abidor v. Napolitano pertains specifically to the search and seizure of Pascal Abidor’s laptop when he traveled by train from Canada to New York. Upon learning that Abidor, an American and French citizen and Islamic Studies graduate student, had traveled in the Middle East, US Customs and Border patrol agents pulled Abidor aside and ordered him to log into his laptop. They proceeded to examine the contents of his laptop, which included images of Islamic militants that Abidor was using for research purposes. Abidor was then handcuffed, placed in a jail cell, and interrogated for several hours by Department of Homeland Security agents. Abidor was released that night, but the DHS held onto his laptop for a further 11 days, returning it only after the ACLU inquired after it on Abidor’s behalf.
On September 10, 2010, the ACLU filed a lawsuit on behalf of Abidor, the National Association of Criminal Defense Lawyers (NACDL), and the National Press Photographers Association (NPPA), arguing that DHS’s practice of searching personal electronic devices is unconstitutional, violating both the First and Fourth Amendments. more
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