Posted on 01/02/2014 4:34:13 PM PST by rickmichaels
U.S. border agents should have the authority to search laptop computers carried by news photographers and other travelers at international border crossings without reasonable suspicion, a federal judge in Brooklyn ruled this week.
In a written decision on Tuesday, U.S. District Judge Edward Korman granted a government motion to dismiss a lawsuit filed by civil rights attorneys who claimed the practice was unconstitutional and sought to have it halted.
(Excerpt) Read more at cbc.ca ...
Unreasonable suspicion is close enough for the feral government.
Whatever you do, don’t tell them you are crossing the border for “work”.
Put everything on a multi-gig mini-SD chip and and let the goons look thru the laptop. Hell, help them look.
They don't trash your box and you keep your data anyway. Face it, they have guns and you don't.
Micro SDs are your friend in hostile environments.
What the frack is going on??? How in HELL can this be okay???
My company has a policy that no company laptops are taken out of the country. If they need a laptop I’ll give them a loaner that has no data on it.
Korman, Edward Robert
Born 1942 in New York, NY
Federal Judicial Service:
Judge, U.S. District Court, Eastern District of New York
Nominated by Ronald Reagan on October 2, 1985, to a new seat authorized by 98 Stat. 333. Confirmed by the Senate on November 1, 1985, and received commission on November 4, 1985. Served as chief judge, 2000-2007. Assumed senior status on October 25, 2007.
Education:
Brooklyn College, City University of New York, B.A., 1963
Brooklyn Law School, LL.B., 1966
New York University School of Law, LL.M., 1971
Professional Career:
Law clerk, Hon. Kenneth Keating, New York State Court of Appeals, 1966-1968
Private practice, New York City, 1968-1970, 1982-1984
Assistant U.S. attorney, Eastern District of New York, 1970-1972, 1974-1978; chief assistant U.S. attorney, 1974-1978
Assistant to the solicitor general, U.S. Department of Justice, 1972-1974
U.S. attorney for the Eastern District of New York, 1978-1982
Commissioner, New York Temporary Commission of Investigation, 1983-1985
Professor, Brooklyn Law School, 1984-1985
We need a photoshop of the twin towers in flames, one labelled “4th Amendment” and the other “2nd Amendment”.
The terrorists have won.
This one goes back a while. Possibly as far as Clinton.
I noticed it on my passport application several years ago.
Ah, so if this can be done by a regime that the US has accused of mass murder with chemical weapons might do such a thing then it's perfectly fine for the US to do it, too. Can't wait to see VX nerve gas used at the next Occupy Wall Street rally.
From the article: “Korman found that the plaintiffs hadn’t shown they suffered injury that gave them standing to bring the suit. He also cited previous rulings finding that the Fourth Amendment constitutional right against unreasonable searches doesn’t apply to the government’s efforts to secure international borders from outside threats.”
Again, the ‘standing’ issue. That has become the modern day legal brick wall. What about the inherent injury that comes from having your private property searched, without probable cause? That’s not sufficient injury? This judge so rules...
Also from the article: [the plaintiff]””cannot be so naive to expect that when he crosses into Syrian or Lebanese border that the contents of his computer will be immune from searches and seizures at the whim of those who work for Bashar al-Assad or Hassan Nasrallah,” the judge said, referring to the president of Syria and leader of Hezbollah.”
So, we now rely on perceptions of actions taken (or presumed to be taken) by foreign countries and terrorist organizations as the foundation for US legal decisions?
This judge needs to be removed from the bench.
Right now, I’m running Mint Linux 16 on a 16GB micro SD card in my SD card slot. Everything is on the drive, including the operating system, and I can pull it out at a moment’s notice and hide it in any number of places on my person.
Without it, this netbook doesn’t even boot. Heck, I could do a clean install on a different card and take that one with me when I traveled, all the while my “real” files would be safe and secure on the card I left at home.
You have to put the laptop through the scanner. How do you hide the chip without the brownshirts seeing it?
At the border, AND WITHIN 100 MILES of the border. Where 2/3 of Americans live.
Also 100 miles from all oceans and Great Lakes.
This was an ACLU and other enemies of the US lawsuit based on some Muslim guy having lots of Hamas photos on his computer.
He was on Amtrak going to NY from Montreal where he was a graduate student at McGill in Islamic studies.
Interesting how just randomly the dude whose computer was examined had all sorts of photos of Hamas and the like.
The Bill of Rights is dying.
HHS is trashing the First Amendment in an act of supreme evil.
BATFE is trashing the Second Amendment in an ongoing power grab.
The Third Amendment is being gently nudged from time to time, but remains the most solid because FedGov doesn’t want to encroach that far. Yet.
US Border Patrol is trashing the Fourth Amendment, probably just because they can.
The Supremes trashed the Fifth Amendment with Kelo, and with civil forfeiture, and ObamaCare is adding to that crime against our rights.
The Ninth and Tenth Amendments have been dead for decades.
It’s sad what we have allowed to happen to the freedom we were obligated to pass on to our children.
will you help them by pulling your undies down and slapping the vaseline on yourself?
good grief.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.