A Split at the Border on Warrantless Searches of Electronic Devices

On May 9^th and May 23^rd, in U.S. v. Kolsuz and U.S. v. Touset, the Fourth and Eleven Circuits, respectively, decided that U.S. border patrol agents can search a traveler’s electronic devices without a warrant.  U.S. prosecutors charged Kolsuz, a Turkish national, with attempting to export various firearms from the U.S. without a warrant. Touset, a U.S. citizen living in Georgia, was indicted for knowingly receiving child pornography, knowingly transporting it, and knowingly possessing a laptop and storage device containing child pornography.