United States V. Arnold - Background To The Case

Background To The Case

On July 17, 2005, Michael Arnold arrived at Los Angeles International Airport (LAX) after spending a three week vacation in the Philippines. After retrieving his luggage, Arnold proceeded through the checkpoint at customs. Customs and Border Protection (CBP) Officer Laura Peng saw Arnold waiting in line and selected him for secondary questioning.

Peng questioned Arnold, and began inspecting his luggage, noting a laptop computer and several computer accessories. Peng instructed Arnold to turn on the computer so she could see if it was functioning. CBP Officer John Roberts was called to assist with the inspection while the computer was booting up.

Among the icons displayed on the computer's desktop, two were named "Kodak Pictures" and one was named "Kodak Memories". Peng and Roberts opened these folders, began viewing the photos, and noted one that depicted two nude women. At that point special agents from U.S. Department of Homeland Security, Immigration and Customs Enforcement (ICE) were called. Arnold was detained and questioned by the ICE agents for several hours. They further examined the computer and equipment, and found numerous images of what they believed to be child pornography.

Arnold was released, but his computer was seized by the agents. Federal agents obtained a warrant two weeks later. Arnold was charged with (1) knowingly transporting child pornography, (2) knowingly possessing a computer hard drive and compact discs which both contained more than one image of child pornography, and (3) knowingly and intentionally traveling in foreign commerce and attempting to engage in illicit sexual conduct with a person under 18 years of age.

Arnold filed for a motion to suppress, and argued that the government required reasonable suspicion to conduct the search. This motion was granted by the District Court, ruling in Arnold's favor. The Government promptly appealed the case, and stated that the border doctrine took precedence over the Fourth Amendment's protection from unreasonable search. The Ninth Circuit Court of Appeals overturned the lower court's ruling, holding in favor of the Government.