Arnold

ORDER GRANTING DEFENDANT’S MOTION TO SUPPRESS EVIDENCE

This matter comes before the Court on defendant Michael Arnold’s motion to suppress evidence. On July 17, 2005, Customs and Border Patrol (“CBP”) Officers at Los Angeles International Airport (“LAX”) searched Arnold’s laptop, hard drive, compact discs (“CDs”), and memory stick. Following the search, Arnold was indicted for transportation of child pornography and possession of a computer hard drive and CDs containing images of child pornography. Arnold contends that the warrantless search of his computer equipment violated his Fourth Amendment rights.

In response to Arnold’s motion, the government contends that the border search of information stored in a computer hard drive is not subject to Fourth Amendment protection. The government also argues that, even if the minimal Fourth Amendment standard of reasonable suspicion applies to such searches, its search of Arnold’s laptop, hard drive, CDs and memory stick comported with that standard.

The question presented is whether the government can conduct a border search of the private and personal information stored on a traveler’s computer hard drive or electronic storage…