United States V. Cotterman
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United States V. Cotterman
''United States v. Cotterman'', (9th Cir. ''en banc'' 2013), is a United States court case in which the United States Court of Appeals for the Ninth Circuit held that property, such as a laptop and other electronic storage devices, presented for inspection when entering the United States at the border may not be subject to forensic examination without a reason for suspicion, a holding that weakened the border search exception of the Fourth Amendment to the United States Constitution. Background On April 6, 2007, at approximately 10 AM, Howard and Maureen Cotterman drove from Mexico to the Lukeville Port of Entry (POE). Upon arrival, the inspector checked the U.S. Customs and Border Protection, or CBP, electronic database and found a computer-generated alert, based upon Howard Cotterman's prior conviction for child sex crimes in 1992. The alert advised the inspector to be on the lookout for child pornography and due to the warning, the Cottermans were sent to a secondary inspec ...
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United States Court Of Appeals For The Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accountabil ...
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Reasonable Suspicion
Reasonable suspicion is a legal standard of proof in United States law that is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch; it must be based on "specific and articulable facts", "taken together with rational inferences from those facts", and the suspicion must be associated with the specific individual. If police additionally have reasonable suspicion that a person so detained is armed and dangerous, they may " frisk" the person for weapons, but not for contraband like drugs. However, if the police develop probable cause during a weapons frisk (by feeling something that could be a weapon or contraband, for example), they may then conduct a full search. Reasonable suspicion is evaluated using the "reasonable person" or "reasonable officer" standard, in which said person in the same circumstances could reasonably suspect a person has been, is, or is about to be engaged in criminal activity; ...
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Password
A password, sometimes called a passcode (for example in Apple devices), is secret data, typically a string of characters, usually used to confirm a user's identity. Traditionally, passwords were expected to be memorized, but the large number of password-protected services that a typical individual accesses can make memorization of unique passwords for each service impractical. Using the terminology of the NIST Digital Identity Guidelines, the secret is held by a party called the ''claimant'' while the party verifying the identity of the claimant is called the ''verifier''. When the claimant successfully demonstrates knowledge of the password to the verifier through an established authentication protocol, the verifier is able to infer the claimant's identity. In general, a password is an arbitrary string of characters including letters, digits, or other symbols. If the permissible characters are constrained to be numeric, the corresponding secret is sometimes called a personal i ...
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Contraband
Contraband (from Medieval French ''contrebande'' "smuggling") refers to any item that, relating to its nature, is illegal to be possessed or sold. It is used for goods that by their nature are considered too dangerous or offensive in the eyes of the legislator—termed contraband ''in se''—and forbidden. So-called derivative contraband refers to goods that may normally be owned, but are liable to be seized because they were used in committing an unlawful act and hence begot illegally, e.g. smuggling goods; stolen goods – knowingly participating in their trade is an offense in itself, called fencing. Law of armed conflict In international law, contraband means goods that are ultimately destined for territory under the control of the enemy and may be susceptible for use in armed conflict. Traditionally, contraband is classified into two categories, absolute contraband and conditional contraband. The former category includes arms, munitions, and various materials, such a ...
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Digital Cameras
A digital camera is a camera that captures photographs in digital memory. Most cameras produced today are digital, largely replacing those that capture images on photographic film. Digital cameras are now widely incorporated into mobile devices like smartphones with the same or more capabilities and features of dedicated cameras (which are still available). High-end, high-definition dedicated cameras are still commonly used by professionals and those who desire to take higher-quality photographs. Digital and digital movie cameras share an optical system, typically using a lens with a variable diaphragm to focus light onto an image pickup device. The diaphragm and shutter admit a controlled amount of light to the image, just as with film, but the image pickup device is electronic rather than chemical. However, unlike film cameras, digital cameras can display images on a screen immediately after being recorded, and store and delete images from memory. Many digital cameras can a ...
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Laptops
A laptop, laptop computer, or notebook computer is a small, portable personal computer (PC) with a screen and alphanumeric keyboard. Laptops typically have a clam shell form factor with the screen mounted on the inside of the upper lid and the keyboard on the inside of the lower lid, although 2-in-1 PCs with a detachable keyboard are often marketed as laptops or as having a "laptop mode". Laptops are folded shut for transportation, and thus are suitable for mobile use. They are so named because they can be practically placed on a person's lap when being used. Today, laptops are used in a variety of settings, such as at work, in education, for playing games, web browsing, for personal multimedia, and for general home computer use. As of 2022, in American English, the terms ''laptop computer'' and ''notebook computer'' are used interchangeably; in other dialects of English, one or the other may be preferred. Although the terms ''notebook computers'' or ''notebooks'' or ...
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Child Pornography
Child pornography (also called CP, child sexual abuse material, CSAM, child porn, or kiddie porn) is pornography that unlawfully exploits children for sexual stimulation. It may be produced with the direct involvement or sexual assault of a child (also known as child sexual abuse images) or it may be simulated child pornography. Abuse of the child occurs during the sexual acts or lascivious exhibitions of genitals or pubic areas which are recorded in the production of child pornography. Child pornography may use a variety of mediums, including writings, magazines, photos, sculpture, drawing, painting, animation, sound recording, video, and video games. Child pornography may be created for profit or other reasons. Laws regarding child pornography generally include sexual images involving prepubescents, pubescent, or post-pubescent minors and computer-generated images that appear to involve them. Most possessors of child pornography who are arrested are found to possess images o ...
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TECS
TECS, formerly known as the Treasury Enforcement Communications System, is used by the U.S. Department of Homeland Security to manage the flow of people through border ports of entry and for immigration enforcement case management. It keeps track of individuals entering and exiting the country and of individuals involved in or suspected to be involved in crimes. TECS alerts may be issued as part of Operation Angel Watch for people with sex offense convictions and those who travel frequently out of the country and who are possibly involved in child sex tourism Child sex tourism (CST) is tourism for the purpose of engaging in the prostitution of children, which is commercially facilitated child sexual abuse. The definition of '' child'' in the United Nations Convention on the Rights of the Child is "ev .... References Borders of the United States Immigration to the United States United States Department of Homeland Security {{US-gov-stub ...
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Port Of Entry
In general, a port of entry (POE) is a place where one may lawfully enter a country. It typically has border security staff and facilities to check passports and visas and to inspect luggage to assure that contraband is not imported. International airports are usually ports of entry, as are road and rail crossings on a land border. Seaports can be used as ports of entry only if a dedicated customs presence is posted there. The choice of whether to become a port of entry is up to the civil authority controlling the port. Airport of entry An airport of entry (AOE) is an airport that provides customs and immigration services for incoming flights. These services allow the airport to serve as an initial port of entry for foreign visitors arriving in a country. Terminology The word "international" in an airport's name usually means that it is an airport of entry, but many airports of entry do not use it. Airports of entry can range from large urban airports with heavy scheduled pas ...
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Lukeville, Arizona
Lukeville is a small unincorporated town on the Mexico–United States border in southern Pima County, Arizona, United States. It was named for World War I aviator Frank Luke, an Arizona native who was awarded a posthumous Medal of Honor. Description The community lies at Lukeville Port of Entry border crossing into Sonoyta, Sonora, Mexico. It is the terminus of State Route 85 and is located entirely within Organ Pipe Cactus National Monument. There is a stop-over spot for buses that are bound for Phoenix and Tucson along with a post office and a duty-free shop. Its population was approximately 35 at the 2000 census, 27 (77%) of whom were Hispanic or Latino. A project to replace portions of the Mexico–United States barrier in this area began in 2019. Climate This area has a large amount of sunshine year round due to its stable descending air and high pressure. According to the Köppen Climate Classification system, Lukeville has a desert climate, abbreviated "BWh" on clim ...
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Mexico
Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatemala, Belize, and the Caribbean Sea; and to the east by the Gulf of Mexico. Mexico covers ,Mexico
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making it the world's 13th-largest country by are ...
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Border Search Exception
In United States criminal law, the border search exception is a doctrine that allows searches and seizures at international borders and their functional equivalent without a warrant or probable cause. The doctrine is not regarded as an exception to the Fourth Amendment, but rather to its requirement for a warrant or probable cause.''Carroll v. United States'' Balanced against the sovereign's interests at the border are the Fourth Amendment rights of entrants. Not only is the expectation of privacy less at the border than in the interior, the Fourth Amendment balance between the interests of the government and the privacy right of the individual is also struck much more favorably to the government at the border. This balance at international borders means that routine searches are "reasonable" there, and therefore do not violate the Fourth Amendment's proscription against "unreasonable searches and seizures". Federal law allows certain federal agents to conduct search and seizur ...
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