United States Ninth Circuit

District court’s order suppressing evidence of child pornography obtained from a forensic examination of defendant's laptop, which was seized by agents at the U.S.-Mexico border in response to an alert based in part on a prior conviction for child molestation, is reversed, where: 1) the extended border search doctrine does not apply; 2) the forensic examination of defendant's computer required a showing of reasonable suspicion; 3) the border agents had reasonable suspicion to conduct an initial search at the border and order the forensic examination; and 4) the examination of the defendant’s electronic devices was supported by reasonable suspicion and the scope and manner of the search were reasonable under the Fourth Amendment.

Appellate Information

• Decided 03/08/2013
• Published 03/08/2013

Judges

• McKEOWN

Court

• United States Ninth Circuit

Counsel