US judge rules warrantless gadget searches at the border aren't unconstitutional

[aGameOfThrones]

A United States district judge has ruled that gadget searches upon crossing into the US aren't a breach of the First and Fourth Amendments. In 2010, the National Association of Criminal Defense Lawyers, National Press Photographers and grad student Pascal Abidor challenged the 2008 ruling that authorizes unwarranted device search-and-seizures, saying that they exist to counteract protected speech and certain confidentiality privileges. However, district judge Edward Korman remarks that because the chance of the searches is so low (he estimates odds of less than five in a million, although the government's count has been disputed) there aren't any grounds for dismissing the rulings.

He further states that this is no different than having your baggage or person examined before crossing into the US, and that the government simply doesn't have enough resources to inspect the devices of everyone who enters the country. Most worrying however is when Korman says that it's "foolish, if not irresponsible" that the plaintiffs would store sensitive data on their gadgets in the first place. The ACLU is considering appealing the decision but attorney Catherine Crump tells the New York Times that for now the status quo remains, and in many areas of the country, "the government is free...to conduct all types of electronic device searches without reasonable suspicion."

http://www.engadget.com/2014/01/01/laptop-gadget-searches-upheld/

 

[Contumacious]

http://www.engadget.com/2014/01/01/laptop-gadget-searches-upheld/

The ruling does not surprise me. Federal judges are not familiar with the US Constitution. They are nominated in order to perpetrate the fraud that we still enjoy Article III judicial review.

 

[ZENemy]

Why are people perpetually surprised when the Romans do as the Romans do?

 

[HOLLYWOOD]

Violation of the 1st and 4th Amendments... yet one 'bought and paid' for judge can wipe out 2 US Constitutional Amendments that PROTECT THE PEOPLE's RIGHTS from the tyranny of a corrupt state.

The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures.

A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States).

 

[greyseal]

Border Searches of Electronic Devices
http://www.dhs.gov/sites/default/fi...order-search-impact-assessment_01-29-13_1.pdf

Background
ICE and CBP exercise longstanding constitutional and statutory authority permitting suspicion less and warrantless searches of merchandise at the border and its functional equivalent. Two public Directives issued in 2009 (CBP Directive No. 3340-049 “Border Search of Electronic Devices Containing Information” and ICE Directive No. 7-6.1 “Border Searches of Electronic Devices”) impose requirements governing use of this authority in searching, reviewing, retaining, and sharing information contained in electronic devices.
________________________________________________________________-
THE ARTICLES TO BE SERCHED ARE ARTCLES OF ENTRY- CUSTOMS
CBP Directive No. 3340-049
CBP Authority to Search
http://www.cbp.gov/xp/cgov/travel/admissibility/
CUSTOMS (the other customs)

-08/18/2010
CBP officers' border search authority is derived through 19 U.S.C. 1467 and 19 C.F.R. 162.6, which states that all persons, baggage and merchandise arriving in the CBP territory of the United States from places outside thereof are liable to inspection.

19 USC § 1467 - SPECIAL INSPECTION, EXAMINATION, AND SEARCH
http://www.law.cornell.edu/uscode/text/19/1467?quicktabs_8=2#quicktabs-8
19 USC 1431: Manifests Text contains those laws in effect on January 1, 2014

From Title 19-CUSTOMS DUTIESCHAPTER 4-TARIFF ACT OF 1930
SUBTITLE III-ADMINISTRATIVE PROVISIONS Part II-Report, Entry, and Unlading of Vessels and Vehicles
http://143.231.180.67/view.xhtml;js...tion1431&f=&fq=&num=0&hl=false&edition=prelim

(d) Regulations
(1) In general
The Secretary shall by regulation-
(A) specify the form for, and the information and data that must be contained in, the manifest required by subsection (a) of this section;
(B) allow, at the option of the individual producing the manifest and subject to paragraph (2), letters and documents shipments to be accounted for by summary manifesting procedures;
(C) prescribe the manner of production for, and the delivery for electronic transmittal of, the manifest required by subsection (a) of this section; and
(D) prescribe the manner for supplementing manifests with bill of lading data under subsection (b) of this section.
(2) Letters and documents shipments
For purposes of paragraph (1)(B)-
(A) the Customs Service may require with respect to letters and documents shipments-
(i) that they be segregated by country of origin, and
(ii) additional examination procedures that are not necessary for individually manifested shipments;

(B) standard letter envelopes and standard document packs shall be segregated from larger document shipments for purposes of customs inspections; and
(C) the term “letters and documents” means-
(i) data described in General Headnote 4(c) of the Harmonized Tariff Schedule of the United States,
(ii) securities and similar evidences of value described in heading 4907 of such Schedule, but not monetary instruments defined pursuant to chapter 53 of title 31, and
(iii) personal correspondence, whether on paper, cards, photographs, tapes, or other media.


Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203 (1), 551 (d), 552 (d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

6 USC § 542 - REORGANIZATION PLAN
http://www.law.cornell.edu/uscode/text/6/542?quicktabs_8=2#quicktabs-8
Source
(Pub. L. 107–296, title XV, § 1502,Nov. 25, 2002, 116 Stat. 2308.)
References in Text

This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.
____________________________________________________________________

AUTHORITY OF DEPARTMENT OF HOMELAND SECURTY
PUBLIC LAW 107-296, AMENDED REVISED STATUTE section 4233, NAVIGIABLE WATERS, OUTER CONTINEL SHELF.MARITIME SECURITY FACILITIES
33 CFR PART 109 – GENERAL
http://www.law.cornell.edu/cfr/text/33/part-109
Authority:
R.S. 4233, as amended, 28 Stat. 647 as amended, 30 Stat. 98, as amended, sec. 7, 38 Stat. 1053, as amended, sec. 6(g)(1), 80 Stat. 940; 33 U.S.C. 180, 258, 322, 471; 49 U.S.C. 1655(g)(1); Pub. L. 107-296, 116 Stat. 2135; Department of Homeland Security Delegation No. 0170.1.


33 C.F.R. PART 105--MARITIME SECURITY: FACILITIES
http://www.gpo.gov/fdsys/pkg/FR-2013-07-10/html/2013-16516.htm


1. The authority citation for part 105 continues to read as follows:

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 70103; 50 U.S.C.
191; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of
Homeland Security Delegation No. 0170.1.