TCP Argues Before 9th Circuit in Border Search of Electronic Devices Case

On June 19, Chris Handman of Hogan Lovells represented TCP before an en banc panel of the United States Court of Appeals for the Ninth Circuit in United States v. Cotterman.  The case involves Howard Cotterman, whose laptop was seized by customs agents at the US-Mexico border and then transported 170 miles away for three days of forensic testing.  Last year, TCP filed an amicus brief urging the Ninth Circuit to rehear the case en banc, and when the court agreed to rehear the case, TCP was also given the right to participate in oral argument. Based upon TCP’s report on Suspicionless Border Searches of Electronic Devices, Mr. Handman argued that forensic searches of electronic devices at the border should never be performed without reasonable suspicion.  This was the first time that TCP, participating in the case as an amicus, has presented oral argument in court.  The arguments were covered by The Recorder and video of the proceedings is available online.

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