United States V. Boucher

United States v. Boucher
United States v. Boucher is a United States federal case in Criminal law that applies to the United States constitutional Fifth Amendment protections against government compelled self-incrimination.   This case in addition to having aspects of the Fifth Amendment also has aspects against unreasonable searches and seizures provided by the Fourth Amendment and aspects of the Ninth Amendment protections to right to privacy.   In this paper, however, we will be addressing those aspects pertaining to the Fifth Amendment.
Background Facts
On December 17, 2006, Sebastien Boucher, a Canadian citizen with legal United States residency, entered the United States from Canada at Derby Line, Vermont.   Once Boucher arrived at the border checkpoint, he was subjected to a border crossing search where officers discovered a laptop computer in his possession, an Alienware notebook computer model D9T.   Boucher and his laptop were subjected to a border search where approximately forty thousand pornographic images and videos were discovered on his laptop, some of which included child pornography (United States District Court for the District of Vermont [Neidermeier], 2007).
Upon discovery of the child pornographic images, officers informed Boucher of his Miranda rights where Boucher waived his right to remain silent and he openly spoke to officers.   Boucher informed officers that sometimes when he downloaded pornographic images, he inadvertently and unknowingly downloaded child pornography.   Boucher also stated that as soon as he discovered the child pornography, he would delete them (Neidermeier, 2007).
Boucher was subsequently asked by officers to show the location where the downloaded

files were located.   Boucher agreed and lead officers to a drive called Z.   Officers then viewed

drive Z where they discovered images and videos depicting preteen bondage.   Subsequent to that

search, Boucher was arrested and charged with the transportation of...