Feds Can Now Arrest Your Laptops, other Devices at the Border
It was earlier this year that the U.S. Court of Appeals for the Ninth Circuit held that the U.S. border officials DO NOT need “reasonable suspicion” in order to search information that is stored on electronic devices carried by travelers entering the United States. These devices include, but are not limited to, a laptop computer, flash memory drive, external hard drive, mobile phone and handheld device.
The decision to allow border officials to conduct the searches is only legally binding on ports of entry under the jurisdiction of the Ninth Circuit (which includes California, among other western states), recent reports have indicated that many travelers are being asked to boot up their laptop computers so border officials can search through the hard drives on the computer. Travelers also now must recognize that border officials may exercise their discretion to conduct searches at any U.S. port of entry, land or sea.
Some travelers have reported that their mobile phones, Blackberry’s and other handheld devices have also been searched – some just briefly looked at, but in some cases, officers have retained the device for several hours and download the content on the device.
The U.S. Department of Homeland Security claims that searches and seizures of electronic devices are justified by security concerns and in order to fight child pornography. However, many business leaders, legal scholars and civil libertarians contend that these searches violate the Fourth Amendment and constitute a violation of travelers’ privacy rights.
For more information on laptop and other handheld device searches by border officials:
Read this article from Border & Customs Patrol
Tags: border searches, Fourth Amendment, Immigration News, international travelers