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NACDL News: Court Dismisses NACDL Lawsuit Challenging Border Searches
By Mason Clutter
NACDL News columns.
On Dec. 31, 2013, U.S. District Court Judge Edward Korman dismissed Abidor v. Napolitano, more than two years after oral argument on the government’s Motion to Dismiss the case. NACDL, the National Press Photographers Association, and Pascal Abidor, a U.S. citizen and Islamic Studies Ph.D. student, sought to enjoin future enforcement of a policy administered by U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection — both components of the Department of Homeland Security — that permits warrantless and suspicionless searches of electronic devices that belong to individuals who come into the United States.
NACDL argued that the policy was an infringement on attorney-client confidences, and that border agents should establish reasonable suspicion of wrongdoing before they search a person’s electronic devices. Judge Korman dismissed the suit for lack of standing, holding that even if the parties could establish standing, there is no requirement for age
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