United States v. Wanjiku, No. 18-1973 (7th Cir. 2019)Annotate this Case
Wanjiku pled guilty to transportation of child pornography, 18 U.S.C. 2252A, retaining his right to appeal the denial of his motion to suppress photographs and videos recovered from his cell phone, laptop, and external hard drive during a warrantless border search at O’Hare International Airport. Wanjiku was caught up in a law enforcement investigation targeting men with prior criminal histories, traveling alone, and returning from countries known for “sex tourism” and sex trafficking. Wanjiku met the criteria and was chosen for a search before his plane landed; he was evasive and nervous during primary questioning. While searching his luggage, agents found syringes, condoms, medication for treating low testosterone, and oxycodone. The Seventh Circuit affirmed his conviction. The agents acted in good faith when they searched the devices with reasonable suspicion to believe that a crime was being committed, at a time when no court had ever required more than reasonable suspicion for any search at the border. That reasonable suspicion is measured at the time of the search. Although the Supreme Court has recently granted heightened protection to cell phone data, its holdings have not addressed searches at the border where the government’s interests are at their zenith nor have they addressed data stored on other electronic devices.