U.S. v. COTTERMAN

No. 09-10139.

637 F.3d 1068 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. Howard Wesley COTTERMAN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 30, 2011.


Attorney(s) appearing for the Case

John J. Tuchi , United States Attorney, District of Arizona, Christina M. Cabanillas , Appellate Chief, Carmen F. Corbin (argued), Assistant United States Attorney, Tucson, AZ, for plaintiff-appellant United States of America.

William J. Kirchner (argued), Walter Nash , Law Offices of Nash & Kirchner, P.C., Tucson, AZ, for defendant-appellee Howard Wesley Cotterman.

Opinion by Judge TALLMAN; Dissent by Judge B. FLETCHER.


OPINION

TALLMAN, Circuit Judge:

Today we examine a question of first impression in the Ninth Circuit: whether the search of a laptop computer that begins at the border and ends two days later in a Government forensic computer laboratory almost 170 miles away can still fall within the border search doctrine. The district court considered the issue to be a simple matter of time and space. It concluded that the search of property seized at an international...

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