Tag Archives: border search

Congress Seeks Reform of Red Notice Abuse

A Red Notice allows for detention of an international fugitive. But the practice has been criticized for abuse. In response, a bipartisan group of Congresspersons have introduced the Transnational Repression Accountability and Prevention Act (“the TRAP Act”). This reform legislation, if enacted, will affect politically-motivated Red Notices and enforcement of them around the world.… Continue Reading

Travelers Beware – Compelled to Open Your Phone?

Recent rulings conflict on whether police can force individuals to unlock their smartphones. The result depends upon where you are located, with differing rulings from Massachusetts and California. Further, there is an international dimension, illustrated by a recent decision from Israel. In short, as described below, the traveler must beware.… Continue Reading

Circuits Split About Border Search of Electronic Devices

The Supreme Court allows routine border searches because the “Government’s interest in preventing the entry of unwanted persons and effects is at its zenith at the international border.” Some level of suspicion is required only when a search infringes the dignity and privacy interest of the persons being searched. Circuits are now split about whether … Continue Reading
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