Technology and the Law

Technology and the Law

Whether the search and seizure made on airport passengers even if valid can go through the contents of an individuals laptop or other electronic devices.

As this issue were brought before us three questions are herein raised: First, can the immigration do a search on the electronic documents of one's laptop?; Second, is the search valid? And Third, can they (the immigration) open your laptop or other electronic devices which forms part of your personal belongings containing electronic documents?.

Search and seizure is the gathering of evidence, wherein the law enforcement may conduct a search of a person or premises to find a tangible evidence for presentation of trial. In my position the immigration has no right to go over and search for the electronic document's of one's laptop for this violates Article III Section 2 The Bill of Rights under the 1997 constitution which reads “ Section 2. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.”

The search is not valid for you cannot compel a passenger to open their laptop and show its contents without a valid warrant and for the very reason that it violates their privacy rights. Although the airport authorities has their reason why they have to search on certain electronic documents contained in a laptop or other electronic devices still it is invalid and the privacy rights of an individual is solely violated. Warrant less or unreasonable laptop seizure is indeed very inconvenient to passengers, for the reason that the passengers have to wait for a couple of minutes or hours to get their electronic devices, while the authorities review and at times copy its contents. Warrant less laptop seizure may also serve as a threat to business traveller's and to those public and private officials, wherein their laptop or electronic devices which contains a very confidential information can be seen, copied and entered to the immigration's computer system which might cause an unstable situation and at worst extreme danger not only to this officials and business traveller's but also to all the passengers who will be undergoing this procedure.