NACDL commenced a lawsuit with the ACLU challenging a U.S. Customs and Border Protection policy that authorizes searches of the contents of travelers’ laptop computers and other electronic storage devices at border crossings, notwithstanding the absence of probable cause, reasonable suspicion or any indicia of wrongdoing. Filed in the Eastern District of New York, the suit sought to enjoin future enforcement of the policy. NACDL was both a plaintiff and co-counsel in the case, which was dismissed in December 2013 and pending reconsideration as of April 2014.
The trial of this case is ongoing. When the government rested, the defendants moved for judgment of acquittal on various counts. The District Court dismissed any counts brought under 18 USC § 1346 for defendants Hatfield and Brooks, but denied the motion for mistrial despite the inclusion of evidence and arguments on §1346. On September 14, 2010, the jury convicted Brooks of all 17 charges against him and Hatfield on 14 of the 16 charges against her.