Legal Career Resources

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

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.


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!!



Associate Attorney Family Law

USA-CA-San Diego

FAMILY LAW-ASSOCIATE ATTORNEY Doppelt and Forney is a growing boutique law firm specializing in F...

Apply now

Associate Attorney


Job details Salary $50,000 - $58,000 a year Job Type Full-time Qualifications ...

Apply now

Real Estate Partner (100% Work From Home)


Culhane Meadows PLLC, one of the largest non-traditional distributed law firms in the country, ...

Apply now

Patent Partner for software, electrical, and electro-mechanical arts (100% Work From Home)


Culhane Meadows is actively seeking a registered patent attorney with  experience in the softwa...

Apply now




Search Now

Associate Attorney

USA-CA-Woodland Hills

Woodland Hills office of a BCG Attorney Search Top Ranked Law Firm seeks an associate attorney with ...

Apply Now

Associate Attorney


Braintree office of our client seeks associate attorney with 1-5 years of experience in civil litiga...

Apply Now

Criminal Defense Attorney


Raleigh office of a BCG Attorney Search Top Ranked Law Firm seeks a criminal defense attorney with 1...

Apply Now

Most Popular


To Top