9th Circuit Appeals Court: 4th Amendment Applies At The Border

[roo_ster]

9th Circuit Appeals Court: 4th Amendment Applies At The Border; Also: Password Protected Files Shouldn't Arouse Suspicion
http://www.techdirt.com/articles/20130308/13380622263/9th-circuit-appeals-court-4th-amendment-applies-border-also-password-protected-files-shouldnt-arouse-suspicion.shtml

In a somewhat surprising 9th Circuit ruling (en banc, or in front of the entire set of judges), the court ruled that the 4th Amendment does apply at the border, that agents do need to recognize there's an expectation of privacy, and cannot do a search without reason. Furthermore, they noted that merely encrypting a file with a password is not enough to trigger suspicion. This is a huge ruling in favor of privacy rights.

Good news, but I wouldn't bank on it surviving the SCOTUS.  We need to clone Clarence Thomas and arrange for the clones to replace the rest of the justices.

[AZRedhawk44]

It's rare I'm pleased by anything to come from California.

[kgbsquirrel]

So, does this make the 100-miles-from-the-border BP checkpoints verboten in the 9th circus?

[zahc]

Now they just need to rule that it applies to the rest of the country, and we'll be getting somewhere.

[Tallpine]

Now they just need to rule that it applies to the rest of the country, and we'll be getting somewhere.

Just what I was going to say - airports, for instance 

[just Warren]

As long as the ruling doesn't apply to my boarders I'm fine with it.

[Jamisjockey]

So, does this make the 100-miles-from-the-border BP checkpoints verboten in the 9th circus?

BP agent: "Sir, where are you headed?"
Me: "To hell if I don't change my ways..."

Yeah, I got searched.... 

[RaspberrySurprise]

Of course he knew you were lying, you're going to hell anyways.

[Jamisjockey]

Of course he knew you were lying, you're going to hell anyways.

Another instance they tried to accuse my coworker of being an illegal.   Barely spoke any spanish, oh and on terminal leave at the time. No *expletive deleted*it born in east LA.
I hated that checkpoint.  (Between Corpus and Brownsville)
When the wife and I moved to BPT, they asked to search the Uhaul. 
"No you may not"
They weren't prepared for that answer.  Agent started to do it anyway I told him he'd better get a damn supervisor before things got ugly.
I was defintely more impetuous in those days.

[cassandra and sara's daddy]

i got jacked by la migra at a federal facility about 30 years ago. . he asked me for my green card and i used certain vocabulary in asking to see his that made him turn to his partner and say. this one is from here.  it was a hoot there were close to 50 nguys on the roof when we saw the vans pull off the perimeter road and in less than 15 seconds it was myself and one other gringo. to this day i don't no how they got off roof so fast or where they all hid