United States v. Chad Camou

Chad Camou appeals the district court’s denial of his motion to suppress images of child pornography found on his cell phone during a warrantless search. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse.

FACTUAL & PROCEDURAL BACKGROUND

I. Camou’s Arrest and the Seizure of Camou’s Cell Phone at 10:40 p.m.

On August 1, 2009, United States Border Patrol agents stopped a truck belonging to Chad Camou at a primary inspection checkpoint on Highway 86 in Westmorland, California. Camou was driving the truck, while his girlfriend, Ashley Lundy, sat in the passenger seat. Agents at the checkpoint grew suspicious when Lundy did not make eye contact, so they asked Camou if they could open the door to the truck. Once they opened the door, the agents saw Alejandro Martinez-Ramirez (Martinez-Ramirez), an undocumented immigrant, lying on the floor behind the truck’s front seats. Consequently, at about 10:40 p.m., agents arrested and handcuffed Camou, Lundy, and Martinez-Ramirez. At the same time, agents also seized' Camou’s truck and a cell phone found in the cab of the truck. Agents then moved Camou, Lundy, and Martinez-Ramirez into the checkpoint’s security offices for…