March 12, 2013
"What is the Ninth Circuit’s Standard for Border Searches Under United States v. Cotterman?"
Orin Kerr at The Volokh Conspiracy follows up on his earlier post about this case, raising a series of interesting questions. Here's one cluster:
Are there any limits on how much manual searching agents can conduct without reasonable suspicion? Can the agents do anything as long as they do it manually? Or are they limited to only “reasonable” manual searches? And if the latter, what is the line between a “reasonable” manual search and an “unreasonable” manual search? Does the amount of time taken matter? The type of files viewed using the manual search?
March 12, 2013 | Permalink