counterintelligence investigations, in violation of First Amendment free speech protections (Cal. US Person US Person returning At the border, the test is Reasonable suspicion is SURVEILLANCE Arnold 2008) entering the from trip; laptop was not intrusiveness, but a not needed for customs (physical, border) US (at border) seized, searched, and more general officials to search child porn found on it laptop without a warrant US Persons Arab men switching Probable cause: need Tacking together SEIZURE (arrest) Farag (E.D.N.Y. on a domestic seats; speaking a mixture reasonable suspicion benign circumstances to 2008) flight of Arabic and English; create a great number checking watch; deleting of “suspicious” cell phone numbers upon inferences does not landing; electing to sit in create PC a middle seat (2nd US Persons Random subway Is this regime serving a SURVEILANCE MacWade Cir. 2006) domestically searches by LE in NYC purpose different from (physical searches) criminal investigation? If yes, balance: -Weight/immediacy of gov't interest -Nature of privacy interest alleged -Character of intrusion imposed -Efficacy of the search in advancing the interest (C.D. US Persons FBI going into the field Undecided SURVEILLANCE Fazaga Cal. 2011) domestic to analyze and determine where/what the threat
counterintelligence investigations, in violation of First Amendment free speech protections Arnold (Cal. 2008) US Person entering the US (at border) US Person returning from trip; laptop was seized, searched, and child porn found on it without a warrant At the border, the test is not intrusiveness, but a more general Reasonable suspicion is not needed for customs officials to search laptop SURVEILLANCE (physical, border) Farag (E.D.N.Y. 2008) US Persons on a domestic flight Arab men switching seats; speaking a mixture of Arabic and English; checking watch; deleting cell phone numbers upon landing; electing to sit in a middle seat Probable cause: need reasonable suspicion Tacking together benign circumstances to create a great number of “suspicious” inferences does not create PC SEIZURE (arrest) MacWade (2nd Cir. 2006) US Persons domestically Random subway searches by LE in NYC Is this regime serving a purpose different from criminal investigation? If yes, balance: -Weight/immediacy of gov't interest -Nature of privacy interest alleged -Character of intrusion imposed -Efficacy of the search in advancing the interest SURVEILANCE (physical searches) Fazaga (C.D. Cal. 2011) US Persons domestic FBI going into the field to analyze and determine where/what the threat Undecided SURVEILLANCE