Defendant was charged with wire fraud, computer fraud, and passport fraud after evidence of criminal activity was found on his phone during a search by Customs and Border Protection officers. Defendant moved to suppress the evidence alleging that the search violated his Fourth Amendment Rights. The district court denied the motion and defendant pled guilty to one count of wire fraud. Defendant then appealed the district court’s order denying his motion to suppress. The Seventh Circuit affirmed, finding that a warrantless electronic device search is essential to the border search doctrine’s purposes and explaining that the government reasonably suspected defendant of criminal activity so that the good-faith exception would preclude suppression even if there was a constitutional violation. (SCUDDER and KOLAR, concurring)
Federal 7th Circuit Court
Criminal Court
Border Search Doctrine