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9th U.S. Circuit Court of Appeals

Sep. 3, 2020

Conservatives object to ruling vacating conviction due to warrantless phone search

Judge Mark J. Bennett, an appointee of President Donald Trump, wrote the court should have reheard the decision en banc.

The 9th U.S. Circuit Court of Appeals affirmed a panel decision vacating a defendant's conviction for importing cocaine from Mexico because Customs and Border Protection officers searched his cell phone without a warrant, but six conservatives on the court dissented because they said the majority incorrectly applied the exception for searches at the border.

Judge Mark J. Bennett, an appointee of President Donald Trump, wrote the cou...

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