--- title: "Ruling Upholds Border Patrol’s Rights to Search Electronics" id: "21068" type: "post" slug: "ruling-upholds-border-patrols-rights-to-search-electronics" published_at: "2014-01-03T22:05:14+00:00" modified_at: "2026-03-16T03:26:56+00:00" url: "https://associationsnow.com/2014/01/03/ruling-upholds-border-patrols-rights-to-search-electronics/" markdown_url: "https://associationsnow.com/2014/01/03/ruling-upholds-border-patrols-rights-to-search-electronics.md" excerpt: "An association-backed lawsuit against the search and seizure of electronics at border crossings was dismissed this week in a very critical ruling. The dismissal, however, stands in opposition to a recent appeals court decision." taxonomy_category: - "Ethics" taxonomy_post_tag: - "AssociationsNow" - "border search" - "Business" - "civil liberties" - "Media" - "privacy" taxonomy_content_format: - "Article" taxonomy_role: - "Association CEO / Executive Director" - "Executive Team" taxonomy_persona: - "Industry Professionals" --- [Home](https://associationsnow.com/) » [Articles](https://associationsnow.com/format/article/) » Ruling Upholds Border Patrol’s Rights to Search Electronics ## An association-backed lawsuit against the search and seizure of electronics at border crossings was dismissed this week in a critical ruling. The dismissal conflicts with a recent appeals court decision. Crossing the border into the U.S. anytime soon? You may want to keep an eye on this case. This week, Eastern District of New York Judge Edward R. Korman dismissed a lawsuit that questioned U.S. Customs and Border Protection’s authority to search electronic devices at the border, allowing such searches to continue. More details: **About the case:** The suit stemmed from the detainment of Pascal Abidor, a Islamic studies graduate student who was held at the U.S. border while aboard an Amtrak train crossing from Canada. Abidor, whose laptop was confiscated for 11 days, [sued the government (opens in a new tab)](http://www.nytimes.com/2012/12/04/business/court-cases-challenge-border-searches-of-laptops-and-phones.html) with the help of the American Civil Liberties Union. The ACLU alleged that data searches of electronic devices are unconstitutional, going beyond what would be allowed for traditional materials. The National Association of Criminal Defense Lawyers and the National Press Photographers Association joined the suit, saying, respectively, that the searches may violate attorney-client privilege and the confidentiality of news sources. **A multi-tiered denial:** [Korman’s decision (opens in a new tab)](https://www.nyed.uscourts.gov/sites/default/files/opinions/10cv4059mo12312013.pdf) [PDF] to dismiss the case went beyond denying the plaintiffs’ standing to challenge the search. The judge questioned the case on its merits, noting, among other things, existing protections for lawyers and members of the press; the rarity of such seizures; the “foolish” expectation that electronics are a secure mechanism for protecting data taken overseas; and [last year’s detainment (opens in a new tab)](http://www.theguardian.com/world/2013/nov/02/david-miranda-detained-political-causes) of David Miranda, the partner of journalist Glenn Greenwald who was held at London’s Heathrow Airport. Miranda’s case, Korman argued, showed that privacy expectations are lower in other countries. “There’s no silver lining to this decision,” ACLU lawyer Catherine Crump [told The New York Times (opens in a new tab)](http://www.nytimes.com/2014/01/01/business/judge-upholds-us-right-to-search-devices-at-border.html?hpw&rref=technology) . “It’s not just that we lost the case. It’s that the judge decided against us on multiple alternative grounds.” **The reaction:** The ACLU is [considering an appeal (opens in a new tab)](https://www.aclu.org/national-security-technology-and-liberty/court-rules-no-suspicion-needed-laptop-searches-border) , a step the NPPA encouraged in a statement. The photographers’ group raised concerns about the nearly two-year wait for Korman’s ruling. “Aside from the injustice of the decision, how long it took the judge—you know the old saying, ‘justice delayed is justice denied’—they are giving the government a huge latitude,” NPPA’s general counsel, Mickey H. Osterreicher, [said (opens in a new tab)](https://nppa.org/node/64587) . “In our case it’s both justice delayed and justice denied.” **Another case to watch:** Korman’s decision applies only to Abidor’s case, but an appeals court decision last year [could take the issue to the U.S. Supreme Court (opens in a new tab)](http://www.fronterasdesk.org/content/9386/arizona-border-search-case-may-go-supreme-court) . [The Ninth Circuit’s ruling (opens in a new tab)](http://www.wired.com/threatlevel/2013/03/gadget-border-searches/) in *United States v. Cotterman*last March limited the government’s authority to search electronic devices at the border, holding that suspicion of criminal activity is required before deep forensic searches may be conducted. [Ernie Smith](https://associationsnow.com/author/ernie-smith/) Ernie Smith is a former senior editor for Associations Now. [More articles by this author](https://associationsnow.com/author/ernie-smith/) Tags: [#border search](https://associationsnow.com/tag/border-search/) [#Business](https://associationsnow.com/tag/business/) [#civil liberties](https://associationsnow.com/tag/civil-liberties/) [#Media](https://associationsnow.com/tag/media/) [#privacy](https://associationsnow.com/tag/privacy/) **Stay Informed** [Subscribe to our free newsletter](https://associationsnow.com/newsletter/) , *Associations Now Daily News*, to find out what’s happening in the association world every business day. ## You Might Like - [VideoUrban Land Institute- Project Recovery: Rebuilding Los Angeles After the January 2025 WildfiresSeptember 24, 2026](https://associationsnow.com/2026/09/24/urban-land-institute-project-recovery-rebuilding-los-angeles-after-the-january-2025-wildfires/) - [PodcastAssociations NOW Presents: All for the Love of Chicago: Rethinking the Destination ExperienceSeptember 10, 2026](https://associationsnow.com/2026/09/10/associations-now-presents-all-for-the-love-of-chicago-rethinking-the-destination-experience/) - [VideoExploring New Frontiers: Leadership, Resilience and the Future of SpaceflightAugust 27, 2026](https://associationsnow.com/2026/08/27/exploring-new-frontiers-leadership-resilience-and-the-future-of-spaceflight/) - [VideoCharlene Lopez Shares Her Experience at the 2026 ASAE Annual Meeting & ExpositionAugust 18, 2026](https://associationsnow.com/2026/08/18/charlene-lopez-shares-her-experience-at-the-2026-asae-annual-meeting-exposition/) ## Comments **Comments are for ASAE members.** [Learn more about comments on this site.](https://associationsnow.com/comments/) [Log in](https://associationsnow.com/login?redirect_to=https%3A%2F%2Fassociationsnow.com%2F2014%2F01%2F03%2Fruling-upholds-border-patrols-rights-to-search-electronics%2F%23comments) to your member account or [join ASAE](https://my.asaecenter.org/select-a-membership-type/) !