After years of conflicting decisions by federal district courts across the country on whether Customs and Border Protection (CBP) agents can search your cell phone and laptop at ports of entry, the Seventh Circuit Court of Appeals has ruled that, “the routine inspection and search of a traveler’s electronics, or for that matter, any other type of property, at the border may be conducted without a warrant, probable cause, or even individualized suspicion of wrongdoing.”
In reaching the decision, the court agreed with several other circuit courts, but put itself at odds with others and many (lower) federal district courts around the country.
The issue moved quickly to the Supreme Court, which upheld the Seventh Circuit’s decision this month. This is, sadly, despite the fact that the Fourth Circuit ruled earlier this year that “CBP agents need at least reasonable suspicion of a crime to search cell phones” and the Ninth Circuit agreed with that ruling.
The present case stems from the 2016 arrest of Marcos Mendez at Chicago’s O’Hare International Airport. Mendez is most certainly not the poster boy for protection of Americans’ civil liberties, but this is the hand that civil libertarians have been dealt in the case.
Mendez arrived at O’Hare following a trip to Ecuador. Along with his luggage, he carried a personal cellphone, a work cellphone and a work iPad.
Because Mendez had been convicted in 2010 on a charge of indecent solicitation of a child, and because he had a history of international travel to countries where there are weak protections for children, CBP agents pulled him aside and searched his belongings.
Agents used a technology called DOMEX to extract the contents of his phone, where they found thousands of images of child pornography.
Mendez was promptly arrested and charged with multiple counts of possession of child pornography. His attorneys moved to suppress the photos, arguing that they were illegally obtained in violation of the Fourth Amendment.
The federal district court for the Northern District of Illinois denied the motion and, in the end, Mendez pleaded guilty to one count of producing child pornography and was sentenced to six years in prison, but he preserved his right to appeal. The Seventh Circuit now has denied that appeal and the Supreme Court has upheld the conviction.
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