As noted yesterday, if you invade this nation-shaped place illegally, then the military which is supposed to repel you will instead coddle. If, however, you’re an American citizen at an airport, the government will smugly trample your Constitutionally-protected rights.
The original case was filed on behalf of 10 American citizens and a lawful permanent resident from seven states — including two journalists, a NASA engineer and a former Air Force captain — who alleged the searches violated their constitutional rights. They asked the court to rule that the government must have a warrant based on probable cause before searching electronic devices at U.S. ports of entry.
The plaintiffs also are demanding the government expunge from investigatory databases information obtained in past searches. ICE and CBP share information taken from travelers’ electronic devices with other agencies and there is control to prevent them from impermissibly retaining it, they argue.
A year ago, U.S. District Judge Denise Casper in Boston rejected the government’s request to dismiss the lawsuit, allowing the case to move forward. The ACLU and the foundation began gathering documents and deposition testimony. Based on the new information, they filed a motion Tuesday asking the judge to rule in their favor without a trial. “Travelers’ devices contain an extraordinary amount of highly personal information that the government can easily search, retain, and share,” it argues.
“This new evidence reveals that the government agencies are using the pretext of the border to make an end run around the First and Fourth Amendments,” said ACLU attorney Esha Bhandari. “The border is not a lawless place. ICE and CBP are not exempt from the Constitution and the information on our electronic devices is not devoid of Fourth Amendment protections. We are asking the court to stop these unlawful searches and require the government to get a warrant.”