UNITED STATES v. XIANG

No. 22-1801.

67 F.4th 895 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Haitao XIANG, Defendant-Appellant, Electronic Frontier Foundation; American Civil Liberties Union; Knight First Amendment Institute at Columbia University; Reporters Committee for Freedom of the Press, Amici on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 5, 2023.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the appellant brief was Vadim A. Glozman , of Chicago, IL. The following attorney(s) appeared on the appellant brief; Matthew Paul Kralovec, of Chicago, IL.

Counsel who presented argument on behalf of the appellee and appeared on the appellee brief was Jeffrey Michael Smith , USDOJ, of Washington, DC.

The following attorney(s) appeared on the amici American Civil Liberties Union and Electronic Frontier Foundation brief; Esha Bhandari , of New York, NY., Nathan Freed Wessler , of New York, NY., Hannah Zhao , of San Francisco, CA., Jennifer Pinsof , of San Francisco, CA.

The following attorney(s) appeared on the amici Knight First Amendment Institute at Columbia University and Reporters Committee for Freedom of the Press brief; Bruce David Brown , of Washington, DC., Stephanie Krent , of New York, NY., Scott Wilkens , of New York, NY., Evan Falcon , of New York, NY., Grayson Clary , of Washington, DC., Gabriel Rottman , of Washington, DC., KatieLynn B. Townsend , of Washington, DC.

Before SMITH, Chief Judge, WOLLMAN and LOKEN, Circuit Judges.


"Congress, since the beginning of our Government, has granted the Executive plenary authority to conduct routine searches and seizures at the border, without probable cause or a warrant, in order to regulate the collection of duties and to prevent the introduction of contraband into this country." United States v...

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