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Note: The Intersection of the Fourth and Fifth Amendments in the Context of Encrypted Personal Data at the Border


On December 17, 2006, Sebastian Boucher crossed the U.S.- Canadian border into the United States. At the border inspection point in Vermont, the interviewing border agent either thought something was suspicious or perhaps just randomly chose to send Boucher to secondary inspection. Or maybe it was just plain bad luck. Whatever the specific reason, travelers regularly get sent to more thorough secondary inspections at the border every day. But on that particular day, it was the beginning of Boucher's problems.