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SUSPICIONLESS SEARCH OF COMPUTER HELD CONSTITUTIONAL

In a recent opinion by the United States Court of Appeals for the Ninth Circuit, the Court ruled that US Customs officers can search the electronic contents of an international passenger’s computer without having a “reasonable suspicion” that the computer contains illegal material.

The case, United States v. Arnold, involved a person who arrived at the Los Angeles International Airport from the Philippines. On arrival, customs officials singled out the passenger for additional screening. When the officials searched the passenger’s luggage, they found a laptop computer and ordered the passenger to turn it on. When the officials looked through the information stored on the computer, they found that the computer contained child pornography. The passenger was subsequently prosecuted and moved to suppress the search, arguing that the search, which was conducted without reasonable suspicion, which violated the Fourth Amendment. The Court ruled that, because the passenger was arriving at a port of entry from overseas, officials had a right to search the computer to determine whether it contained contraband.

At Wallin & Klarich, we approach every case with the belief that the person we’re defending could easily be one of our own family members. We’ve seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times — 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing criminal charges in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-749-0034 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.

About Wallin & Klarich

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Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.