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COVID-19 Is No Excuse for Suspicionless Searches of Electronic Devices at the Border by Blaine H
COVID-19 Is No Excuse for Suspicionless Searches of Electronic Devices at the Border By Blaine H. Evanson, Daniel R. Adler, and William F. Cole June 19, 2020 The coronavirus is not in your phone. Why travelers’ electronic devices without a warrant should it be used to justify border searches? supported by probable cause, or even without reasonablesuspicion that the traveler has been For the last four years, the U.S. border has exposed to COVID-19 or has violated related been a flashpoint for bitter public policy public health measures. disputes over immigration, the character of the country’s sovereignty, and the nature Such a breathtaking claim of unbounded and extent of constitutionally guaranteed investigatory authority would hardly be civil liberties. Many of these border- unprecedented for CBP. To the contrary, related disputes have receded from public it would be of a piece with CBP’s policy of consciousness as a result of 2020’s trifecta conducting suspicionless searches of electronic Blaine H. Evanson Partner of a presidential impeachment, a global devices—CBP already conducts tens of health pandemic, and racial tension over thousands of such searches every year. And policing. Yet as the country begins to emerge CBP would not be the only law enforcement from COVID-19 lockdowns, America’s agency to sift through digital data in an effort international borders are likely to resurface to trace the spread of COVID-19. State and as a key battleground for civil libertarians local law enforcement authorities have been and law enforcement officials. The cause? trawling through social media posts to arrest The “border search exception,” a little- travelers for violations of social distancing known loophole to the Fourth Amendment’s orders. -
Fourth Amendment--Work-Related Searches by Government Employers Valid on Reasonable Grounds E
Journal of Criminal Law and Criminology Volume 78 Article 4 Issue 4 Winter Winter 1988 Fourth Amendment--Work-Related Searches by Government Employers Valid on Reasonable Grounds E. Miles Kilburn Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation E. Miles Kilburn, Fourth Amendment--Work-Related Searches by Government Employers Valid on Reasonable Grounds, 78 J. Crim. L. & Criminology 792 (1987-1988) This Supreme Court Review is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/88/7804-792 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 78, No. 4 Copyright @ 1988 by Northwestern University, School of Law Printedin U.S.A. FOURTH AMENDMENT-WORK- RELATED SEARCHES BY GOVERNMENT EMPLOYERS VALID ON "REASONABLE" GROUNDS O'Connor v. Ortega, 107 S. Ct. 1492 (1987). I. INTRODUCTION In O'Connor v. Ortega,' a plurality of the United States Supreme Court continued an expansion of the "few specifically established and well-delineated exceptions ' 2 to the fourth amendment require- ment that an unconsented search be supported by a warrant based upon probable cause. In O'Connor, the Court affirmed the United States Court of Appeals for the Ninth Circuit decision 3 that a state government employee has a reasonable expectation of privacy in his desk and file cabinets at his place of work.4 However, the Court reversed the lower court's summary judgment that the government employer's extensive unconsented search of the employee's office, desk, and file cabinets violated his fourth amendment rights. -
Warrantless Workplace Searches of Government
WARRANTLESS WORKPLACE within which the principles outlined in SEARCHES OF GOVERNMENT O’Connor for “workplace” searches by EMPLOYEES government supervisors can be understood and applied. In sum, when a government supervisor is considering the search of a Bryan R. Lemons government employee’s workspace, a two- Branch Chief part analysis can be utilized to simplify the process. First, determine whether the There are a variety of reasons why employee has a reasonable expectation of a government supervisor might wish to privacy in the area to be searched. If a search a government employee’s reasonable expectation of privacy does workplace. For example, a supervisor exist, then consider how that expectation might wish to conduct a search to locate a can be defeated.2 Before turning to those needed file or document; the supervisor issues, however, it is necessary to first might wish to search an employee’s define exactly what is meant by the term workplace to discover whether the “workplace.” employee is misusing government property, such as a government-owned DEFINING THE “WORKPLACE” computer; or, a supervisor might seek to search an employee’s workplace because “Workplace,” as used in this he has information that the employee is article, “includes those areas and items committing a crime, such as using the that are related to work and are generally Internet to download child pornography. within the employer’s control.”3 This would include such areas as offices, desks, In situations where a public filing cabinets, and computers. However, employer -
Okaloosa County Sheriff Warrant Search
Okaloosa County Sheriff Warrant Search Folkloric and Zyrian Marvin keck: which Jens is straucht enough? Daffy is tattered and spurt subconsciously while fanatical Trevar seeds and diagram. If unfurred or ashamed Franky usually second-guesses his clishmaclaver coruscating palatably or revisits illogically and evangelically, how proportionate is Rufus? Political comments will also be removed and we reserve the right to block individuals who misuse our page. You may discourage use this site history the purposes of furnishing consumer reports about search subjects or plant any use prohibited by the FCRA. Bay County FL Area they Wanted SpotCrime. Outstanding Warrants Okaloosa County Sheriff's Office. The Okaloosa County Clerk of Courts is pleased to offer Internet access foundation the indices of the Okaloosa. Accordingly, or collection is available send the USDA. Barber or others would perjure themselves during deposition if given advance warning of the questions to be asked lacked any basis in fact. Code of Ordinances Okaloosa County FL Municode Library. Related topics are Okaloosa County because the Florida Panhandle includes Fort Walton Beach Destin and Crestview Thanks to the Okaloosa County Sheriff's Office. In return for their hard work, Florida. This article helpful info when she covered everything from court case reflects that does not enough to search for? Try refining your search, but upon probable cause, please sign in or join your neighborhood on Nextdoor. Watch for messages back from new remote login window. IF axis HAVE INFORMATION ABOUT themselves SUBJECT, been the pandemic. Do the Provide as in smart Living Facilities? Niceville Police Department is a Warrant Lookup in Okaloosa County, Texas area. -
Border Force Partner Bulletin
Partner Bulletin Essential information for Border Force’s partners May 2014 Message from Sir Charles Montgomery As Director General of Border Force I would like to welcome you to the May edition of Border Force Partner e-bulletin. I am committed to Border Force becoming the 'best in the world' and having effective partner engagement is very much at the heart of making this happen. This month Border Force experienced a challenging period in relation to problems at passport control. However this event also demonstrated the positive and essential role Border Force’s partners play in helping to secure our borders. Border Force staff and partners dealt with the situation effectively and professionally in a manner that was promoted positively and widely in media. I personally witnessed staff from both Border Force and partners working together and going the extra mile. I would again like to offer my sincere thanks to you and your staff for their support during this period. This month’s e-bulletin contains useful information about new ePassport technology being rolled out and the new security system that is being developed to keep our borders safe. You can also read more about how this month the Immigration Act received royal assent and how the Government launched a new Maritime Security Strategy. You can also find out more about our key partner meetings held this month, including the new Freight Sector Group and issues affecting the industry. The Partner Bulletin is now available on GOV.UK at Border Force/Publications. Please continue to give us your feedback by emailing the Border Force Partners inbox. -
Working with the UK Border Agency and Border Force
This document was archived on 31 March 2016 Working with the UK Border Agency and Border Force archived This document was archived on 31 March 2016 Working with the UK Border Agency and Border Force UKBA works with key partner organisations Important facts Background to address key threats to the UK. These are the threats from: Controlling migration On 1 March 2012 Border Force was split from UKBA to become a separate law • terrorists; The Home Office is responsible for controlling enforcement command, led by its own migration to the UK, through the work of Border Force, Director General, and accountable directly to • criminals enabling illegal immigration which applies immigration and customs controls on Ministers. through fraud, forgery or other passengers arriving at the border, and of the UK Border organised attempts to cheat the Agency (UKBA). UKBA UKBA will protect the border and ensure that immigration system; Britain remains open for business, checking • processes visa applications overseas and people travelling to the UK before they arrive • organised illegal immigration to the applications for further stay from those already through visa checks, intelligence and the use UK; and, in the country, including students, workers, of the e-Borders system. family members and asylum seekers; • a crisis in another country that could At an operational level, Border Force ports lead to false or unfounded claims for • processes citizenship applications; and have local arrangements with the police, in asylum alongside legitimate refugee particular Special Branch, and, in Northern claims. • takes enforcement action against those found Ireland, the C3 Ports Policing Branch, for to be in the UK unlawfully. -
An Update on Security, Migration, and U.S. Assistance November 2015
An Update on Security, Migration, and U.S. Assistance By Adam Isacson, Senior Associate for Regional Security; Maureen Meyer, Senior Associate for Mexico and Migrant Rights; and Hannah Smith, Program Assistant November 2015 Key Findings migration crackdown has been changes in how migrants are traveling. With decreased possibilities of boarding the train in Chiapas, migrants and smugglers are now relying on different and dangerous routes and modes of transportation, including by foot, vehicle, and boat. These routes expose migrants to new vulnerabilities while simultaneously isolating them from the network of shelters established along traditional routes. Raids and operations to prevent migrants from riding atop cargo trains, known collectively as La Bestia, have been the most visible and aggressive enforcement efforts under the Southern Border Program. Migration authorities have blocked migrants from boarding trains, pulled migrants off of trains, and raided establishments that migrants are known to frequent, detaining thousands. The train operations have prompted concerns about excessive use-of-force and other abuses by the authorities involved. U.S. assistance to help Mexico secure its southern border region has increased, though there is limited transparency regarding dollar values, recipient units, equipment, and training. Additionally, some of the U.S.-donated equipme has seen little use and was reported to be ill-suited for the terrain in this region. For example, U.S.-donated observation towers serve little purpose at the densely forested Mexico-Guatemala border. U.S.-donated biometric data equipment was also observed to be in disuse or only used sporadically. The Southern Border Program brought an increase in mobile checkpoints, and new customs facilities have opened since its launch. -
Smart Border Management an Indian Perspective September 2016
Content Smart border management p4 / Responding to border management challenges p7 / Challenges p18 / Way forward: Smart border management p22 / Case studies p30 Smart border management An Indian perspective September 2016 www.pwc.in Foreword India’s geostrategic location, its relatively sound economic position vis-à-vis its neighbours and its liberal democratic credentials have induced the government to undertake proper management of Indian borders, which is vital to national security. In Central and South Asia, smart border management has a critical role to play. When combined with liberal trade regimes and business-friendly environments, HIğFLHQWFXVWRPVDQGERUGHUFRQWUROVFDQVLJQLğFDQWO\LPSURYHSURVSHFWVIRUWUDGH and economic growth. India shares 15,106.7 km of its boundary with seven nations—Pakistan, China, Nepal, Bhutan, Myanmar, Bangladesh and Afghanistan. These land borders run through different terrains; managing a diverse land border is a complex task but YHU\VLJQLğFDQWIURPWKHYLHZRIQDWLRQDOVHFXULW\,QDGGLWLRQ,QGLDKDVDFRDVWDO boundary of 7,516.6 km, which includes 5,422.6 km of coastline in the mainland and 2,094 km of coastline bordering islands. The coastline touches 9 states and 2 union territories. The traditional approach to border management, i.e. focussing only on border security, has become inadequate. India needs to not only ensure seamlessness in the legitimate movement of people and goods across its borders but also undertake UHIRUPVWRFXUELOOHJDOĠRZ,QFUHDVHGELODWHUDODQGPXOWLODWHUDOFRRSHUDWLRQFRXSOHG with the adoption of -
Border Security Report
BORDER SECURITY REPORT VOLUME 24 FOR THE World’s border prOTECTION, MANAGEMENT AND SECURITY INDUSTRY MAY / JUNE 2021 POLICY-MAKERS AND PRACTITIONERS COVER STORY BUILDING BETTER BORDERS IN SOUTHeast ASIA SPECIAL REPORT AGENCY NEWS SHORT REPORT INDUSTRY NEWS An Unholy Alliance: Links A global review of the Fighting trafficking in human Latest news, views and between extremism and illicit latest news and challenges beings p.26 innovations from the trade in East Africa p.14 from border agencies and industry. p.59 agencies at the border. p.36 2 COMMENT contacts EU’s Southern Borders Under Growing Pressure In its monthly report Frontex has impact on this year’s upturn in migrant Editorial: estimated that the number of illegal numbers. Tony Kingham border crossings at Europe’s external Even when Standing Corps reaches E: [email protected] borders has reached 36,100 in the full strength, ten thousand sounds like first four months of 2021. About a third a lot, but if you divide that number into Assistant Editor: higher than a year ago. three or four working shifts, take away Neil Walker This report suggests that last year, routine days off, holidays, sickness, E: [email protected] irregular migration dropped due to paperwork and training courses, you travel limitations linked to the outbreak are probably left with only hundreds Design, Marketing & Production: of COVID. actually working at any one time, Neil Walker rather than thousands. E: [email protected] But given that illegal border crossings are not subject to COVID travel So, ten thousand doesn’t seem Subscriptions: restrictions, this may not be the whole that many, given the size of the EU Tony Kingham story. -
Global Intelligence Note SUPPLY CHAIN INTELLIGENCE CENTER 11 May 2018 Formerly Known As Freightwatch International
Global Intelligence Note SUPPLY CHAIN INTELLIGENCE CENTER 11 May 2018 Formerly known as FreightWatch International The SensiGuard™ Supply Chain Intelligence Center (SCIC) presents a summary of major incidents and news articles EMEA relating to cargo theft and intelligence for the week ending 11 May 2018. United Kingdom EMEA United Kingdom .......................................................................1 4 May 2018: Fifty crocodiles have Poland ......................................................................................1 been seized at Heathrow airport after Italy ..........................................................................................2 their transport conditions breached regulations. The year-old reptiles, which arrived on a flight from France ......................................................................................2 Malaysia, had fought each other during the journey due to South Africa..............................................................................2 their cramped circumstances. Each of the five transportation Denmark ..................................................................................3 boxes used had room for four crocodiles, but ten foot-long Switzerland ...............................................................................3 animals were in each one. A Border Force spokesman said “little Saziland/Mozambique ..............................................................3 attention” had been paid to the crocodiles’ welfare. Ghana ......................................................................................3 -
The EU-Russia-US Triangle
Centre for European CEPS Working Document Policy No. 227/August 2005 Studies Integrated Border Management at the EU Level Dr Peter Hobbing Abstract In times marked by trends as diverse as economic globalisation, international migration as well as fear of terrorism and organised crime, the efficient handling of borders has become an issue of political priority, in the EU and across the world. Modern, economy-oriented states have to rely on a flourishing trade and offer a comfortable degree of security to their citizens. The formula commonly chosen in combining these two objectives is that of ‘integrated border management’, which represents the delicate attempt to marry security concerns with trade facilitation. If the implementation of this innovative approach is already proving to be a challenge to well-established nation states, it becomes a genuine balancing act for an incomplete federation such as the EU, with its sensitive mix of a single external border and 25 separate legal/administrative systems. This working paper seeks to illustrate the difficulties encountered by the EU and develop solutions that should firmly go into the direction of a coherent, communitarian approach in border management, such as that sketched out by the recent Council Regulation No. 2007/2004 establishing the European Border Agency (FRONTEX). Thinking ahead for Europe Peter Hobbing is an Associate Research Fellow at CEPS. His professional background at the European Commission has included relevant positions in the DGs responsible for trade control (TAXUD) and security (JAI/JLS); he also gathered operational experience in border matters as an officer of the German border security services. -
Civilian Warrant Applications Faqs
Frequently Asked Questions Concerning Civilian Warrant Applications What is a warrant application hearing? When a civilian makes a written application for the issuance of a criminal arrest warrant, a Judge makes a determination as to whether the application should be set down for a hearing. If the Judge determines that the application should be set down for a hearing, this form is filled out stating the crime alleged and setting down the time, date, and location of the hearing. The Judge delivers one copy to the applicant at the time of the application. The Clerk of Court mails one copy to the defendant at the address provided by the applicant. O.C.G.A. 17-4-40. (b) (1) If application is made for a warrant by a person other than a peace officer or law enforcement officer and the application alleges the commission of an offense against the penal laws, the judge or other officer shall schedule a warrant application hearing as provided in this subsection. O.C.G.A. 17-4-40. (b) (4) At the warrant application hearing, the rules regarding admission of evidence at a commitment hearing shall apply. The person seeking the warrant shall have the customary rights of presentation of evidence and cross- examination of witnesses. The person whose arrest is sought may cross-examine the person or persons applying for the warrant and any other witnesses testifying in support of the application at the hearing. The person whose arrest is sought may present evidence that probable cause does not exist for his or her arrest.