U.S. v. Mendez

After incriminating images and videos were found by a customs agent on his cell phone, defendant pled guilty to producing child pornography. Defendant preserved for appeal the district court’s denial of his motion to suppress evidence and he argued on appeal that district court erred when it denied his motion because the search of his cell phone required a warrant, probable cause, or at least reasonable suspicion. The Seventh Circuit affirmed, finding that the search fell under the border search exception and, as a result, was exempt from warrant and probable cause requirements and because it was a brief, manual search of a traveler’s electronic device it did not require individualized suspicion. (HAMILTON and BRENNAN, concurring)