Sen. Feingold Criticizes Warrantless Laptop Seaches

[JURIST] US Sen. Russ Feingold (D-WI) [official website] has criticized the Customs and Border Protection’s (CBP) [official website] warrantless searches and seizures of travelers’ laptops and other digital devices at the US border, calling the searches anunacceptable invasion of privacy [hearing materials]. The Supreme Court has held that reasonable suspicion is not necessary to conduct routine searches at the border, but searches of laptops and other digital devices are analogous to more invasive practices such as strip searches, said Feingold, who chairs the Senate Subcommittee on the Constitution [official website]. In his opening statement at a congressional hearing on this issue last week, Feingold said [speech text]:

Ideally, Fourth Amendment jurisprudence would evolve to protect Americans’ privacy in this once unfathomable situation. But if the courts can’t offer that protection, then that responsibility falls to Congress. Customs agents must have the ability to conduct even highly intrusive searches when there is reason to suspect criminal or terrorist activity, but suspicionless searches of Americans’ laptops and similar devices go too far. Congress should not allow this gross violation of privacy.

For the very latest legal news on Paper Chase, click hereFor the latest newsworthy legal documents, video, live webcasts and more, visit JURIST’s home page