Federal Court OKs Laptop Search at Border

SAN FRANCISCO — A U.S. Customs inspection of a laptop computer that found child pornography does not constitute an unreasonable search and seizure, a federal appeals court has ruled.

The 9th U.S. Circuit Court of Appeals on Monday determined the appeal of Michael T. Arnold, who landed at Los Angeles International Airport in 2005 after a 20-hour flight from the Philippines, carrying a laptop that included folders called “Kodak pictures” and “Kodak memories.”

Customs agents later found child pornography in those folders.

Arnold argued the U.S. Constitution’s protections against searches without reasonable suspicion should have barred the search of his laptop.

In its en banc ruling, the 9th Circuit said that the search of a laptop is no different than luggage, and that reasonable suspicion is not necessary to check laptops or other electronic devices coming over border checkpoints.

"Arnold has failed to distinguish how the search of his laptop and its electronic contents is logically any different from the suspicionless border searches of travelers' luggage that the Supreme Court and we have allowed," Judge Diarmuid O'Scannlain wrote.

The case echoes a similar 4th U.S. Circuit Court of Appeals ruling, which upheld the 2005 conviction of John W. Ickes Jr., who crossed the Canadian border with a computer containing child pornography. A customs agent’s suspicions were raised, the court’s decision said, “after discovering a video camera containing a tape of a tennis match which focused excessively on a young ball boy.”

In the Arnold case, the Electronic Frontier Foundation and the Association of Corporate Travel Executives filed amicus briefs, claiming there have to be some limits on the government’s ability to acquire information.

“Under the government’s reasoning,” the brief said, “border authorities could systematically collect all of the information contained on every laptop computer, BlackBerry and other electronic device carried across our national borders by every traveler, American or foreign.” That is, the brief said, “simply electronic surveillance after the fact.”

The case is U.S. vs. Michael T. Arnold, No. 05-00772.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

XBIZ LA Conference Website Now Live, Registration Open

The event website for the XBIZ LA conference is now live, offering comprehensive information about the upcoming event, taking place Jan. 7-10 at the JW Marriott L.A. LIVE.

CrakRevenue Launches Mobile App for Real-Time Affiliate Alerts

CrakRevenue has launched Aff Companion, a mobile app that sends affiliates real-time notifications about clicks, conversions, and revenue.

Goddess Lilith Launches New Official Website Through PAYSITE

Goddess Lilith has rolled out her new official site, QueenGoddessLilith, through PAYSITE.

Pineapple Support to Host 'Reclaiming Intimacy' Support Group

Pineapple Support is hosting a free online support group for performers with trauma-impacted intimacy issues.

Ofcom Cites Web Prime, Porntrex for Alleged AV Violations

U.K. media regulator Ofcom on Tuesday notified two operators of adult websites of the agency’s provisional determination that the companies have failed to comply with provisions of the Online Safety Act.

FSC: Utah Excise Tax on Adult Content Goes Into Effect October 1

The Free Speech Coalition (FSC) has issued an advisory that the Utah Excise Tax goes into effect tomorrow.

Segpay Parent Company Names David Press to Board

Segpay parent company Toccata Inc. has named payment industry veteran David Press to its board of directors.

Show More