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Assante Case: Cheating V. 555 US

620 Words3 Pages

ARGUMENT I. The District Court erred in denying the Motion to Suppress because the evidence obtained from Assante’s personal laptop resulted from an intrusive, non-routine border search conducted without reasonable suspicion. The Fourth Amendment protects “[t]he right in people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures . . .”U.S. Const. Amend. IV. Despite the Common Law Border Doctrine, people do not completely forfeit their Fourth Amendment rights even when searches are conducted at the border. But, on May 18, 2013, upon Assante’s return from Australia, he was “randomly” selected from among many travelers for a comprehensive forensic examination absent reasonable suspicion. (R. at 9.) During the comprehensive forensic examination Assante’s personal laptop was subjected to an eighteen hour intrusive search using specialized equipment to open and read all files on the laptop, scanning the unallocated space on the hard drive for deleted files, then proceeding to …show more content…

United States, 555 U.S. 135, 139 (2009). And in order to make effective the fundamental constitutional guarantees of sanctity of the home and inviolability of the person, the United States Supreme Court has held that evidence seized during an unlawful search could not constitute proof against the victim of the search. Wong Sun v. United States, 371 U.S. 471, 487 (1963). And in Montoya de Hernandez, the court explained that "some searches of property are so destructive," "particularly offensive," or overly intrusive in the manner in which they are carried out as to require particularized suspicion, such as the present case. 473 U.S. 531(1985). Following that line of reasoning, this Court should hold that evidence obtained during Assante’s non-routine border search should have been

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