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U.S. v. COTTERMAN

No. 09-10139.

709 F.3d 952 (2013)

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

United States Court of Appeals, Ninth Circuit.

Filed March 8, 2013.

Attorney(s) appearing for the Case

Dennis K. Burke , Christina M. Cabanillas , Carmen F. Corbin , John S. Leonardo , John J. Tuchi , United States Attorney's Office for the District of Arizona, Tucson, AZ, for Appellant.

William J. Kirchner , Law Office of Nash & Kirchner, P.C., Tucson, AZ, for Appellee.

David M. Porter , Malia N. Brink , National Association of Criminal Defense Lawyers, Washington, D.C.; Michael Price , Brennan Center for Justice, New York, NY; Hanni M. Fakhoury , Electronic Frontier Foundation, San Francisco, CA, for Amicus Curiae National Association of Criminal Defense Lawyers and Electronic Frontier Foundation.

Christopher T. Handman , Mary Helen Wimberly , Hogan Lovells US LLP, Washington, D.C.; Sharon Bradford Franklin , The Constitution Project, Washington, D.C., for Amicus Curiae The Constitution Project.

Opinion by Judge McKEOWN; Partial Concurrence and Partial Dissent by Judge CALLAHAN; Dissent by Judge MILAN D. SMITH, JR.

OPINION

McKEOWN, Circuit Judge:

Every day more than a million people cross American borders, from the physical borders with Mexico and Canada to functional borders at airports such as Los Angeles (LAX), Honolulu (HNL), New York (JFK, LGA), and Chicago (ORD, MDW). As denizens of a digital world, they carry with them laptop computers, iPhones, iPads, iPods, Kindles, Nooks, Surfaces, tablets, Blackberries, cell phones, digital cameras, and more. These devices...

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