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U.S. v. ARNOLD

No. 06-50581.

523 F.3d 941 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Michael Timothy ARNOLD, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 21, 2008.

Attorney(s) appearing for the Case

Steve Kim, Assistant United States Attorney, Criminal Appeals Section, Los Angeles, CA, argued the cause for the plaintiff-appellant and filed briefs; George S. Cardona, United States Attorney, and Thomas P. O'Brien, Assistant United States Attorney, Chief, Criminal Division, Los Angeles, CA, were on the briefs.

Marilyn E. Bednarski, Kaye, McLane, & Bednarski, LLP, Pasadena, CA, argued the cause, for the defendant-appellee and filed a brief; Kevin Lahue, Kaye, McLane, & Bednarski, LLP, Pasadena, CA, was on the brief.

Before: DIARMUID F. O'SCANNLAIN and MILAN D. SMITH, JR., Circuit Judges, and MICHAEL W. MOSMAN, District Judge.

O'SCANNLAIN, Circuit Judge:

We must decide whether customs officers at Los Angeles International Airport may examine the electronic contents of a passenger's laptop computer without reasonable suspicion.

I

On July 17, 2005, forty-three-year-old Michael Arnold arrived at Los Angeles International Airport ("LAX") after a nearly twenty-hour flight from the Philippines. After retrieving his luggage from the...

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