United States v. Howard Cotterman

M. SMITH, Circuit Judge,

dissenting, with whom CLIFTON and CALLAHAN, Circuit Judges, join with respect to Part I:

I respectfully dissent. Until today, federal courts have consistently upheld suspi-cionless searches of electronic storage devices at the border. See United States v. Arnold, 533 F.3d 1003, 1008 (9th Cir.2008), cert. denied, 555 U.S. 1176, 129 S.Ct. 1312, 173 L.Ed.2d 595 (2009) (“[Reasonable suspicion is not needed for customs officials to search a laptop or other personal electronic storage devices at the border.”); see also United States v. Ickes, 393 F.3d 501, 507 (4th Cir.2005)…