Legal Career Resources

Motion to Quash Subpoena in Sebastien Boucher Case Granted
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

Sebastien Boucher entered the United States in December of 2006 via Vermont’s Derby Line. He entered the country from Canada with is father. Upon entry, U.S. Border Patrol agents moved Boucher’s vehicle into secondary inspection. This is where they found a laptop in the back seat.

A border patrol agent opened the laptop and inspected the files without needing a password to do so. The agent found some 40,000 images on the computer, many of them consisting of pornographic scenes due to the names of the files. Some of the files had names that suggested they would contain child pornography.

  
What
Where


Boucher was taken into custody for possession of child pornography, waived his Miranda rights to explain to the agents why he had the images, and said that he downloads a lot of porn. He said when he discovers child porn he deletes the files immediately. The files on the laptop were encrypted, and agents could not further examine them.

This led to the request of a subpoena against Boucher for the password to the computer in order for the agents to access the files. Boucher moved to quash the subpoena, citing his Fifth Amendment right that prevents him from self-incrimination. The United States District Court for the District of Vermont ordered that the subpoena be quashed for multiple reasons in the case of In Re Boucher. One reason included the fact that password is not physical. It is in the mind of the laptop owner.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!






 

RELEVANT JOBS

Litigation Attorney

USA-NY-Riverhead

Responsibilities The candidate should be able to independently manage own caseload through all ph...

Apply now

Sr. Trial Attorney

USA-CA-Glendale

Bodily Injury Auto, Bodily Injury Commercial, Bodily Injury Homeowners, Commercial Auto, Commercial ...

Apply now

Landlord Tenant Counsel (Corporate)

USA-MD-College Park

WHAT WE ARE LOOKING FOR: This position advises executive, senior management and managers on various...

Apply now

Attorney with 1+ year experience - Position is in Probate Law

USA-TX-Richardson

Looking for an associate attorney with at least one year of experience.  We are a boutique prob...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Business and Transactional Associate Attorney

USA-CT-Middletown

Middletown office of a BCG Attorney Search Top Ranked Law Firm seeks business and transactional asso...

Apply Now

Business and Transactional Associate Attorney

USA-CT-Hartford

Hartford office of a BCG Attorney Search Top Ranked Law Firm seeks business and transactional associ...

Apply Now

Business and Transactional Associate Attorney

USA-CT-East Haven

East Haven office of a BCG Attorney Search Top Ranked Law Firm seeks business and transactional asso...

Apply Now

Most Popular

SEARCH IN ARCHIVE

To Top