The government's position is as frightening as it is naíve. A computer is not the same thing as a briefcase. Nor, for that matter, is an iPod, a thumb drive, or a cell phone. It is both quantitatively and qualitatively different, and that makes all of the difference in this case. It seems that the government and the lower court are speaking past, and not at, each other. The government says, "We can do anything for any reason," and the court says, "No, you need reasonable suspicion to search a laptop."

A former federal prosecutor weighs in on the border search decision. (Thanks Dc0de!)