Message to Big Sis: no. Nice try.

[DJofSD]

http://www.washingtontimes.com/news/2013/mar/8/court-limits-feds-ability-search-laptops-border

“But in today’s watershed ruling, the court drew a line in the sand and recognized that the vast amount of personal information and sensitive data on laptops, cell phones, and other electronic devices is worthy of Fourth Amendment protection,” said Michael Price, a lawyer for the Brennan Center for Justice.

Having a password to protect information contained on an electronic device is not any different that having a lock on your vehicle or residence. The way Big Sis was thinking, it was tantamount to the police justifying entry to your car or house because you had those locks.

[TJDave]

I believe the search was legal. If you have a history of gun running ICE is gonna want to look in your trunk. If a pedophile, the're gonna want to look in your computer.

[JustRalph]

This was first year lawyering. I can't believe they thought this would pass.


This is a classic example of bullying.

[TJDave]

Explain why a border agent can legally search your vehicle without probable cause but not your computer.

[JustRalph]

Explain why a border agent can legally search your vehicle without probable cause but not your computer.

The password most notably. It implies privacy.

Normally a cursory search is performed At the border. To advance to a secondary search phase There must be evidence of or fruits and instrumentalities of a crime plainly visible or detectable, or suspicion of a crime That is plainly describable And understandable in the normal course of events when executing the original cursory search.

There is no way during a cursory search that you can see into the inside of a computer And make the necessary discovery that would add to the secondary phase of your search As required by law.

The fact that the party you're searching has a previous history Of criminal behavior does not allow for An automatic jump to the second phase of the search. You must make your way through the mine field that is probable cause the same way each and every time. No matter the previous history of the subject of your search. It's basic police academy stuff.

[johnhannibalsmith]

The password most notably. It implies privacy.

Normally a cursory search is performed At the border. To advance to a secondary search phase There must be evidence of or fruits and instrumentalities of a crime plainly visible or detectable, or suspicion of a crime That is plainly describable And understandable in the normal course of events when executing the original cursory search.

There is no way during a cursory search that you can see into the inside of a computer And make the necessary discovery that would add to the secondary phase of your search As required by law.

The fact that the party you're searching has a previous history Of criminal behavior does not allow for An automatic jump to the second phase of the search. You must make your way through the mine field that is probable cause the same way each and every time. No matter the previous history of the subject of your search. It's basic police academy stuff.

Sharp post.

I'm sure if a drug dog hit on your laptop, they'd tear the sonofabitch apart looking for meth hidden in the case.

[Rookies]

Canada has just recently made a similar decision involving cell phones and whether/ not warrants are needed in certain situations. The Ontario Court of Appeal has ruled that the use of Password protection as an essential defense which would force Police to seek judicial warrants to access them. Alternatively, no password- take your best shot.

Given the obvious implications and some contradictory lower court decisions, depending on the type of case (robbery v.s. child murder), this one will certainly go to the SCC.

http://www.sunnewsnetwork.ca/sunnews/canada/archives/2013/02/20130221-172217.html