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United States v. Kim, — F.Supp.3d (2015) 2015 WL 2148070 Only the Westlaw citation is currently available. United States District Court, District of Columbia. United States of America v. Jae Shik Kim, Karham Eng. Corp., Defendants. Crim. Action No. 13—oloo (ABJ) J Signed May 8, 2015 Synopsis Background: Defendant charged with violating export control laws moved to suppress evidence discovered during warrantless search of laptop computer that was seized as he was departing from the United States for his home country of Korea. Holdings: The District Court, Amy Berman Jackson, J., held that: In mere fact that alien may have previously participated in unlawful export of controlled articles to Iran in violation of export control laws did not provide special agent of the Department of Homeland Security (DHS) with reasonable suspicion of any ongoing or imminent criminal activity, of kind sufficient to support seizure and search of contents of alien's laptop computer as he was departing for his home country of Korea following his most recent visit to the United States; (2) in assessing reasonableness of search„ it was not appropriate for court to simply categorize the laptop as "container," of kind which may be subjected to warrantless search at border; and P) search was supported by so little suspicion of ongoing or imminent criminal activity, and was so invasive of defendant's privacy and so disconnected from not only the considerations underlying the breadth of government's authority to search at border, but also the actual border itself, that it was unreasonable and violative of Fourth Amendment. Motion granted. West Headnotes (14) Arrest 4-Reasonableness; reason or founded suspicion, etc Law enforcement officer has reasonable suspicion of criminal activity, of kind sufficient to support investigatory stop, if officer can point to specific and articulable facts which, when considered together with rational inferences t

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