Judge rules against DHS on extended border laptop seizures

Judge White ruled that the February searches were justified by
reasonable suspicion, since Hanson appeared nervous and had the naked picture, condoms and male-enhancement pills in his
posession. However, the judge threw out the results of the June search
because Hanson had not yet been arrested at the time.

“Hanson was not arrested on January 27, 2009, and for that reason the court finds the government’s reliance on the ‘search incident to a valid arrest’ line of cases to be inapposite,” wrote Judge White. “Accordingly, because the court concludes that June search required a warrant, and because it is undisputed that the search was conducted without a warrant, Hanson’s motion is GRANTED IN PART on this basis.”

White allowed the results of the February searches to be used as evidence, arguing they were “justified as an extended border search supported by reasonable suspicion.”