THE ROBING ROOM

A whopper of a child porn case which Judge Collins got wrong. USA vs Cotterman - No. 09-10139 - Cotterman moved to suppress the evidence discovered on his laptop and any “fruits” of that evidence. Judge Charles Pyle held a suppression hearing and heard testimony from Agent Riley, Agent Owen, Officer Alvarado, and Group Supervisor Brisbine. Judge Pyle filed a Report & Recommendation urging that the motion to suppress be granted in full and that the Government be required to return the copies it had retained of Maureen’s laptop hard drive and the Cottermans’ personal papers. He reasoned that the actual search of the laptop occurred two days after Cotterman’s entry into the United States and 170 miles from the border, so it had to have been an extended border search requiring reasonably particularized suspicion. Judge Pyle further determined that the ICE agents did not have reasonable suspicion that evidence of criminal activity would be found on the laptop and, therefore, the search was performed in violation of the Fourth Amendment. Collins accepted and adopted Pyle's recommendations. --- Hello this guy had a history of child abuse - had several laptops and cameras with him - many password protected files - thats sufficient cause. Using his logic every point of entry would have to have a foresenic computer lab and techs on site. Glad to see the 9th circuit reversed this bad call. Lets hope Judge Collins gets the message. Finding: It is well-established that the sovereign need not make any special showing to justify its search of persons and property at the international border. …the border search doctrine applies to searches and seizures that occur hundreds or thousands of miles from the physical border…case closed.