Do you or your employees travel abroad with a laptop computer in tow? If so, you should take particular heed of a recent federal court decision holding that the contents of a laptop can be searched at a border entry without any cause or justification for suspicion.

Michael Arnold, a passenger from the Philippines, was going through customs at Los Angeles International Airport when a federal agent asked him to turn on his laptop computer. Subsequently, the contents of Arnold's laptop were reviewed, including numerous images depicting what federal agents believed to be child pornography. Arnold's computer was seized and he was released. Later, Arnold was charged with various federal crimes involving the possession and transportation of child pornography.

At Arnold's trial, he argued that the agents had no reasonable suspicion to conduct a search of his laptop computer and, therefore, the search violated the Fourth Amendment's prohibition against warrantless searches and seizures. The Ninth Circuit Court of Appeals rejected this argument, citing the authority of the federal government to conduct searches at border crossings without a need for reasonable suspicion. The court considered the laptop as a 'closed container' analogous to a briefcase, purse or wallet.

If you or your employees engage in international travel with a laptop, it's important to keep in mind that the contents of the laptop, including any proprietary or sensitive business information, may be subject to review at border entry points. To review the Ninth Circuit's opinion, go here.

For more information about legislation or litigation involving technology, intellectual property protection of information technology assets or any other Information Technology law issue, contact your Miller Canfield attorney or Kathy Ossian, Leader of our Information Technology Team, or call her direct at 313.496.7644.