20 Questions
Under what circumstances can manual cell phone searches be conducted by border officials?
Manual cell phone searches can be conducted without any suspicion.
What is the meaning of 'reasonable suspicion' in the context of forensic cell phone searches according to the panel's clarification?
The officials must reasonably suspect that the cell phone contains digital contraband.
What did the panel hold about the scope of cell phone searches at the border, whether manual or forensic?
Cell phone searches should be limited to identifying digital contraband only.
When does a cell phone search at the border exceed the proper scope, according to the panel's decision?
When it includes searching for evidence of a crime beyond digital contraband.
How did the panel's decision affect the defendant's conviction for importing cocaine?
The conviction was vacated due to evidence obtained from manual cell phone searches.
What was the reason given by the panel for rejecting the defendant’s contention under Brady v. Maryland and Fed.R.Crim.P. 16?
The prosecution had knowledge of evidence showing the defendant’s cousin and his gang were involved in drug trafficking.
What was the basis for the panel’s decision that the good faith exception to the exclusionary rule does not apply?
The record gave rise to an objectively reasonable suspicion that the digital data in the phone contained contraband.
Why did the panel hold that the border search exception did not authorize the agents to conduct a warrantless forensic search of the defendant’s phone?
The record gave rise to an objectively reasonable suspicion that the digital data in the phone contained contraband.
What was the defendant's contention regarding his rights under Brady v, Maryland, and Fed.R.Crim.P. 16?
The prosecution did not turn over certain information requested from the FBI and DEA for a third-party defense.
Why did the panel hold that the prosecutor should not be held to have 'access' to any information that an agency refuses to turn over?
The panel found no evidence that the prosecution had knowledge or possession of evidence showing that the defendant’s cousin or his cousin’s gang were involved in drug trafficking.
What was the panel's decision regarding the application of the good faith exception to the exclusionary rule?
The panel held that the good faith exception to the exclusionary rule does not apply.
Why did the panel reject the defendant’s contention under Brady v. Maryland and Fed.R.Crim.P. 16?
The panel found no evidence that the prosecution had knowledge or possession of evidence showing the defendant’s cousin or his cousin’s gang were involved in drug trafficking at the Mexico-California border.
What was the panel's reasoning for not authorizing the agents to conduct a warrantless forensic search of the defendant’s phone?
The record does not give rise to an objectively reasonable suspicion that the digital data in the phone contained contraband.
Under what circumstances did the panel find that the prosecutor should not be held to have 'access' to any information that an agency refuses to turn over?
The prosecutor should not be held to have 'access' to any information that an agency not involved in the investigation or prosecution of the case refuses to turn over.
What was the panel's ruling regarding the scope of cell phone searches at the border, whether manual or forensic?
The record does not give rise to an objectively reasonable suspicion that the digital data in the phone contained contraband.
What is the difference between manual cell phone searches and forensic cell phone searches at the border according to the panel's decision?
Manual cell phone searches may be conducted by border officials without reasonable suspicion, while forensic cell phone searches require reasonable suspicion.
According to the panel, what does 'reasonable suspicion' mean in the context of forensic cell phone searches?
Reasonable suspicion means that officials must reasonably suspect that the cell phone contains digital contraband.
Under what circumstances does a cell phone search at the border exceed the proper scope, as per the panel's decision?
A cell phone search at the border exceeds the proper scope if it goes beyond a verification that the phone lacks digital contraband.
What was the basis for the panel’s decision to reverse the district court’s order and vacate the defendant’s conviction for importing cocaine?
The panel's decision was based on the improper scope of the border search, which included recording of phone numbers and text messages beyond a verification for digital contraband.
What limitation did the panel impose on cell phone searches at the border, whether manual or forensic?
The panel imposed the limitation that cell phone searches must be limited in scope to whether the phone contains digital contraband, and a broader search for evidence of a crime cannot be justified by the purposes of the border search exception to the Fourth Amendment warrant requirement.
This quiz covers the legal aspects of warrantless cell phone searches by border officials and the requirements for reasonable suspicion as per the Fourth Amendment. It discusses the distinction between manual and forensic cell phone searches based on the United States v. Cotterman case.
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