Ninth Circuit Goes a Step Further to Protect Privacy in Border Device Searches

Posted on August 24, 2019 12:02 am

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By Sophia Cope and Adam Schwartz

The U.S. Court of Appeals for the Ninth Circuit issued a new ruling in U.S. v. Cano [.pdf] that offers greater privacy protection for people crossing the border with their electronic devices, but it doesn’t go as far as we sought in our amicus brief.

Cano had attempted to cross the border near San Diego when cocaine was found in his car. He was arrested at the port of entry and border agents manually and forensically searched his cell phone. He was prosecuted for importing illegal drugs and moved to suppress the evidence found