Epstein Secrets

istent with how our circuit and others have articulated the doctrine. See, e.g., United States v. Villasenor. 608 F.3d 467. 471-72 (9th Cir.2010); United Stales v. Yang, 286 F.3d 940.945-46 (7th Cir.2002); United States v. Hyde, 37 F.3d 116. 120 n. 2 (3d Cit 1994); United States v. Santiago, 837 F.2d 1545.

010). Reasonable suspicion is required precisely because the individual has regained an expectation of privacy by moving away from the border. See United Slates v. Villasenor. 608 F.3d 467.471-72 (9th Cir.), cert. denied, —U.S., 131 S.Ct. 547. 178 L.Ed.2d 401 (2010); United States v. Whiting. 781 F.2d 692.

bing a functional border search and those describing an extended border search, not in defining the standard for a search at the border. See, e.g., United States v. Cardona, 769 F.2d 625, 628 (9th Cir.1985) ("We have recently recognized the difficulty of making sharp distinctions between searches at the func

he Court has expressed support for the deterrence value of suspicionless searches of a routine nature, such as vehicle checkpoints near the border. See United States v. Maninez— Fuerte, 428 U.S. 543, 556, 96 S.Ct. 3074, 49 L.Ed.2d 1116 (1976) ("We note here only the substantiality of the public interest in the p

t is against this legal backdrop that we must assess the constitutionality of the government's search in this case. As with all searches subject to Fourth Amendment review, the constitutionality of a border search turns on whether it is reasonable. See Brigham City, Utah v. Swan, 547 U.S. 398, 403. 126 S.Ct. 1

.. . it defines the basic elements of a fair trial largely through the several provisions of the Sixth Amendment."' Cap/in & Drysdale, Chartered v. UnitedStates, 491 U.S. 617, 633 (1989) (citations omitted). 'The right of an accused in a criminal trial to due process is, in essence, the right to a fair oppor

tation omitted). "It has been clear for a generation that 'Fourth Amendment rights are personal rights ... [that] may not be vicariously asserted.'" United States v. Haqq, 278 F.3d 44, 47 (2d Cir. 2002) (quoting Rakers v. Illinois, 439 U.S. 128, 133-34 (1978)). Accordingly, a defendant's Fourth Amendment right

nt may violate the Fifth Amendment (or another right). In certain circumstances, a private entity may be deemed to be acting as a government agent. See United States v. Stein, 541 F.3d 130, 146 (2d Cir. 2008) ("Actions of a private entity are attributable to the State if there is a sufficiently close nexus betwe

). The good faith exception analysis applies in the context of court orders. See, e.g., Zodhiates, 901 F.3d at 143 (applying good faith analysis in Fourth Amendment challenge to cell phone location information obtained by subpoena issued pursuant to 18 U.S.C. § 2703(c)(2)); United States v. Serrano, No. 13 Cr.

tation omitted). "It has been clear for a generation that `Fourth Amendment rights are personal rights ... [that] may not be vicariously asserted."' United States v. Haqq, 278 F.3d 44, 47 (2d Cir. 2002) (quoting Rakas v. Illinois, 439 U.S. 128, 133-34 (1978)). Accordingly, a defendant's Fourth Amendment rights

nt may violate the Fifth Amendment (or another right). In certain circumstances, a private entity may be deemed to be acting as a government agent. See United States v. Stein, 541 F.3d 130, 146 (2d Cir. 2008) ("Actions of a private entity are attributable to the State if there is a sufficiently close nexus betwe

). The good faith exception analysis applies in the context of court orders. See, e.g., Zodhiates, 901 F.3d at 143 (applying good faith analysis in Fourth Amendment challenge to cell phone location information obtained by subpoena issued pursuant to 18 U.S.C. § 2703(c)(2)); United States v. Serrano, No. 13 Cr.

tation omitted). "It has been clear for a generation that `Fourth Amendment rights are personal rights ... [that] may not be vicariously asserted."' United States v. Haqq, 278 F.3d 44, 47 (2d Cir. 2002) (quoting Rakas v. Illinois, 439 U.S. 128, 133-34 (1978)). Accordingly, a defendant's Fourth Amendment rights

nt may violate the Fifth Amendment (or another right). In certain circumstances, a private entity may be deemed to be acting as a government agent. See United States v. Stein, 541 F.3d 130, 146 (2d Cir. 2008) ("Actions of a private entity are attributable to the State if there is a sufficiently close nexus betwe

). The good faith exception analysis applies in the context of court orders. See, e.g., Zodhiates, 901 F.3d at 143 (applying good faith analysis in Fourth Amendment challenge to cell phone location information obtained by subpoena issued pursuant to 18 U.S.C. § 2703(c)(2)); United States v. Serrano, No. 13 Cr.

tation omitted). "It has been clear for a generation that `Fourth Amendment rights are personal rights ... [that] may not be vicariously asserted."' United States v. Haqq, 278 F.3d 44, 47 (2d Cir. 2002) (quoting Rakas v. Illinois, 439 U.S. 128, 133-34 (1978)). Accordingly, a defendant's Fourth Amendment rights

nt may violate the Fifth Amendment (or another right). In certain circumstances, a private entity may be deemed to be acting as a government agent. See United States v. Stein, 541 F.3d 130, 146 (2d Cir. 2008) ("Actions of a private entity are attributable to the State if there is a sufficiently close nexus betwe

). The good faith exception analysis applies in the context of court orders. See, e.g., Zodhiates, 901 F.3d at 143 (applying good faith analysis in Fourth Amendment challenge to cell phone location information obtained by subpoena issued pursuant to 18 U.S.C. § 2703(c)(2)); United States v. Serrano, No. 13 Cr.

tation omitted). "It has been clear for a generation that `Fourth Amendment rights are personal rights ... [that] may not be vicariously asserted."' United States v. Haqq, 278 F.3d 44, 47 (2d Cir. 2002) (quoting Rakas v. Illinois, 439 U.S. 128, 133-34 (1978)). Accordingly, a defendant's Fourth Amendment rights

nt may violate the Fifth Amendment (or another right). In certain circumstances, a private entity may be deemed to be acting as a government agent. See United States v. Stein, 541 F.3d 130, 146 (2d Cir. 2008) ("Actions of a private entity are attributable to the State if there is a sufficiently close nexus betwe

). The good faith exception analysis applies in the context of court orders. See, e.g., Zodhiates, 901 F.3d at 143 (applying good faith analysis in Fourth Amendment challenge to cell phone location information obtained by subpoena issued pursuant to 18 U.S.C. § 2703(c)(2)); United States v. Serrano, No. 13 Cr.