No. of Recommendations: 6
If the government shows up at your door with a search warrant for your files, and you toss them in the fireplace to keep them from getting your files, you'd be on the hook. If you throw away your files for any other reason, you're fine.
But a search, in order to secure a warrant, has to have “probable cause”. That’s the basis of the Fourth Amendment. Did these agents have any “probable cause”? (Did they even have a warrant? I suppose not, but then may that’s not required at the border? Where does it say that?)
I can hear the argument now:
Judge: Did you have Probable Cause?
Agent: Probably.
Judge: Because?
Agent: Just Cause.