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Horowitz. Adam 11 24 2015 For Educational Use Only U.S. v. Cotterman, 709 F.3d 952 (2013) 13 Cal. Daily Op. Sere. 2531, 2013 Daily Journal =. 3018 11 -I KeyCite Yellow Flag - Negative Treatment Declined to Extend by United States v. Hassanshahi. December I. 2014 709 F.3d 952 United States Court of Appeals, Ninth Circuit. UNITED STATES of America, Plaintiff—Appellant, v. Howard Wesley COTTERMAN, Defendant—Appellee. No. 09-10139. I Argued and Submitted En Banc June 19, 2012. I Filed March 8, 2013. Synopsis Background: Defendant was charged with production of child pornography, transportation and shipping of child pornography, receipt of child pornography, possession of child pornography, importation of obscene material, transportation of obscene material, and unlawful flight to avoid prosecution. The United States District Court for the District of Arizona, 2009 WL 465028, Raner C. Collins, J., granted defendant's motion to suppress evidence. Government filed interlocutory appeal. The Court of Appeals, 637 F.3d 1068. reversed and remanded. The Court of Appeals granted rehearing en banc. 673 F.3d 1206. Holdings: The Court of Appeals, McKeown, Circuit Judge, held that: [1 ] extended border search doctrine did not apply to seizure and forensic examination of defendant's laptop computer; [2] forensic examination of defendant's computer that comprehensively analyzed its hard drive required showing of reasonable suspicion; and [3] border agents had reasonable suspicion to conduct initial search and subsequent forensic examination of defendant's computer that comprehensively analyzed hard drive. Reversed. Callahan, Circuit Judge, filed opinion concurring in part, dissenting in part, and concurring in the judgment, with whom Clifton, Circuit Judge, joined, and with whom M. Smith, Circuit Judge, joined in part. M. Smith, Circuit Judge, filed dissenting opinion, with whom Clifton and Callahan, Circuit Judges, joined in part. We

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