Clarification re: the laws governing the seizure of the mayor’s devices

Jumana Musa, senior privacy and national security counsel for the National Association of Criminal Defense Lawyers, was the prime source in today’s latest article on the confiscation of Mayor Anthony Silva’s electronic devices.

This morning, Musa requested a clarification on this paragraph from today’s story:

“But Musa did echo Silva’s concern over the “reasonable suspicion” legal standard the government uses as justification to search and seize the electronic devices of people crossing borders into and out of the United States.

Here’s what Musa emailed me clarifying the matter:

“There is no ‘reasonable suspicion’ legal standard for the government to search and seize these devices at the border. Rather, by virtue of a decision by the 9th Circuit, that ‘heightened suspicion’ standard only applies when the seized device (is) then sent for a forensic search. As far as the initial search and seizure at the border, that is entirely discretionary.”

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