U.S. v. Wanjiku

In prosecution on charge of transportation of child pornography, Dist. Ct. did not err in denying defendant’s motion to suppress photographs and videos recovered from his cell phone, laptop and external hard drive during warrantless border search at O’Hare International Airport following defendant’s return from extended visit to Philippines. At time of search, Supreme Ct. required police to have no particularized suspicion for conducting non-destructive border search of property, and, at most, required police to have reasonable suspicion for highly intrusive border search of person’s most intimate body parts. Moreover, police had reasonable suspicion to conduct instant search, since: (1) defendant matched profile of individuals who might possess child pornography, where defendant was in his 40’s, who returned from area that was known destination for sex tourism, and where he had no known connection; (2) defendant had prior arrest for contributing to delinquency of minor; (3) defendant had crude reference to male genitalia in his email address; and (4) defendant was evasive and nervous during initial questioning at border station. Fact that defendant had innocent explanation for some factors used by police to support instant search was irrelevant.