UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
HAMZA KOLSUZ, Defendant-Appellant.
ELECTRONIC FRONTIER FOUNDATION; ASIAN AMERICANS ADVANCING JUSTICE-ASIAN LAW CAUCUS; BRENNAN CENTER FOR JUSTICE; COUNCIL ON AMERICAN-ISLAMIC RELATIONS; CAIR CALIFORNIA; CAIR FLORIDA; CAIR MISSOURI; CAIR NEW YORK; CAIR OHIO; CAIR DALLAS/FORT WORTH; NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS; CAUSE OF ACTION INSTITUTE; COMMITTEE FOR JUSTICE; FLOOR64, INC.; AMERICAN CIVIL LIBERTIES UNION; ACLU OF VIRGINIA; ACLU OF MARYLAND; ACLU OF NORTH CAROLINA; ACLU OF SOUTH CAROLINA; ACLU OF WEST VIRGINIA, Amici Supporting Appellant.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: October 26, 2017.
Decided: May 9, 2018.
Attorney(s) appearing for the Case
ARGUED: Todd M. Richman , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant.
Jeffrey Michael Smith , National Security Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.
Esha Bhandari , AMERICAN CIVIL LIBERTIES UNION, New York, New York, for Amici American Civil Liberties Union, ACLU of Virginia, ACLU of Maryland, ACLU of North Carolina, ACLU of South Carolina, and ACLU of West Virginia.
ON BRIEF: Geremy C. Kamens , Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant.
Dana Boente , United States Attorney, Mary B. McCord , Acting Assistant Attorney General for National Security, Heather Alpino , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.
Hope R. Amezquita , AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VIRGINIA, Richmond, Virginia, Nathan Freed Wessler , Vera Eidelman , AMERICAN CIVIL LIBERTIES UNION FOUNDATION, New York, New York, for Amici American Civil Liberties Union, ACLU of Virginia, ACLU of Maryland, ACLU of North Carolina, ACLU of South Carolina, and ACLU of West Virginia.
Curt Levey , THE COMMITTEE FOR JUSTICE, Washington, D.C., Erica L. Marshall , CAUSE OF ACTION INSTITUTE, Washington, D.C., for Amici Cause of Action Institute, The Committee for Justice, and Floor64, Inc.
Sophia Cope , Adam Schwartz , ELECTRONIC FRONTIER FOUNDATION, San Francisco, California, for Amici Electronic Frontier Foundation, Asian Americans Advancing Justice-Asian Law Caucus, Council on American-Islamic Relations (CAIR), CAIR California, CAIR Florida, CAIR Missouri, CAIR New York, CAIR Ohio, CAIR Dallas/Fort Worth, and The National Association of Criminal Defense Lawyers.
Michael Price , BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW, New York, New York, for Amicus Brennan Center for Justice.
Affirmed by published opinion. Judge Harris wrote the opinion, in which Judge Motz joined. Judge Wilkinson wrote a separate opinion concurring in the judgment.
PAMELA HARRIS, Circuit Judge:
Hamza Kolsuz was detained at Washington Dulles International Airport while attempting to board a flight to Turkey because federal customs agents found firearms parts in his luggage. After arresting Kolsuz, the agents took possession of his smartphone and subjected it to a month-long, off-site forensic analysis, yielding...
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