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Abidor v. Napolitano
NACDL commenced a lawsuit with the ACLU challenging a U.S. Customs and Border Protection policy that authorizes searches of the contents of travelers’ laptop computers and other electronic storage devices at border crossings, notwithstanding the absence of probable cause, reasonable suspicion or any indicia of wrongdoing. Filed in the Eastern District of New York, the suit sought to enjoin future enforcement of the policy. NACDL was both a plaintiff and co-counsel in the case, which was dismissed in December 2013 and pending reconsideration as of April 2014.
Arizona v. Johnson
Pat-down of passenger following motor vehicle stop was not authorized because officer had no reason to believe defendant was involved in criminal activity, even if officer reasonably believed respondent was armed and dangerous.
Argument: Under Terry v. Ohio, 392 U.S. 1 (1968), an officer may seize a person for a weapons frisk if the officer reasonably concludes that “criminal activity may be afoot and that the person . . . may be armed and presently dangerous”; petitioner and amicus United States seek to replace Terry’s “criminal activity” requirement with a meaningless limitation that the officer has a “lawful right” to be present, a position that cannot be squared with Terry or the Fourth Amendment.