Border Search Case Summary

Decent Essays
Facts: The Defendant’s van was searched by Canadian border officials during a routine search and found a videotape that focused on a young ball-boy playing tennis. A more through search led the officials to discover marijuana paraphernalia, a photo album loaded with child pornography, a computer, and several hard drives. Customs officials examined the contents of the hard-drives and the defendant’s computer, all of which contained other files of child pornography. The defendant would later file a motion, seeking to suppress the contents of both the hard drives and the computer on both First and Fourth Amendment form. Ickes’s constitutional argument, and hold that the border search doctrine is not subject to a First Amendment exception was rejected. Icked was sentenced to 130 months of imprisonment and encountered charges of transportation of child pornography in violation of 18 U.S.C.S. 2252(a)(1). …show more content…
Holding: The Fourth Circuit Court of Appeals held that the search performed by the customs officials did not violate neither the First nor the Fourth Amendment.

Reasoning: Ickes argues that the government had no authorization to search his computer and hard drives. He claims that the statutory language presented in the case to favor the official’s actions is insufficient to cover the search of his belongings. His arguments were based on the fact that the statute does not mention electronic

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