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But as she considered the facts, Holmes kept returning to the phones. If the FBI didn't ask the CBSA to seize them, and the CBSA officers were supposedly acting independently, why were the Mylar bags used? And if the border agents claim that they got the passcodes as part of the process of examining Meng's goods for evidence of criminality, why didn't they search them? "We're in a situation where we're being asked to draw inferences from absences," Holmes told Gibb-Carsley. "Since we're in the land of inferences because of the absence of evidence ... we have the fact that the passcodes were given along with the devices that CBSA took on the jetway and put in Mylar bags, and we have the fact that the U.S. request was for exactly that."
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