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Customs Seizures

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Username949

Junior Member
What is the name of your state? California


I've been living in Thailand under a work visa for a couple years. Upon returning to the US, I was extensively searched, including my laptop computer which is both used for my work. I routinely wipe data from my hard drive, because it includes sensitive customer data that I want to keep secure. I also had with me, a digital camera with a new memory card that I had just bought. Since the memory card was "second hand", which I wiped as well. Upon inspection by customs, the claim to have fouind "encrypted files" on both the computer hard drive and memory card. Being computer savvy, I know that wiping storage causes random data to be created, much like computer encryption techniques. My problem is, that the customs officers demanded that I supply the password to these "encrypted" files, and since there *are* no such files, I could not give them up. This resulted in the seizure of both the laptop, camera and all associated cables and accessories, even the bag they were transported in.

During questioning, I was made privy to the fact that US citizens who choose to live overseas (especially in Souteast Asia) can be subject to questioning about involvement in ilicit activities anywhere from terrorism, drugs and sex tourism. I have been a law-abiding citizen my whole life, and I have never been charged with or convicted of a crime, and yet customs still decided to seize my property, and treat me like a criminal.

I feel my rights have been violated - the 5th ammendment states that no person shall be deprived of property without due process of law - I'm no law expert, but I don't think a search and determination by a biased government agency qualifies as due process. I am also very angry that they decided to take *everything*, even though it is impossible for a camera to "encrypt" data.

All they seem to have is some suspicious looking data that they can't understand. What can I do about this, and do I have a chance with a lawyer to get my property back? Granted, I would be happy if they just returned the laptop without the hard drive and the camera without the memory card, as those are easier to replace than the equipment, and it seems it's the data they hold issue with.

This without a doubt has gave my a very sour taste in my mouth about this entire "Homeland Security" thing.

Thanks for any help.
 



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