Federal Court Finds that Reasonable Suspicion is Required to Examine International Travelers’ Electronic Devices at US Ports of Entry

Earlier this week, a federal court ruled that reasonable suspicion is required for Customs and Border Patrol (“CBP”) agents as well as Immigration and Customs Enforcement agents to search international travelers’ electronic devices at airports and other ports of entry into the United States. 

The lawsuit was brought by the ACLU and the Electronic Frontier Foundation on behalf of ten citizens and one permanent resident who had their devices searched at the border. The court found these warrantless searches to violate a traveler’s right to privacy.  The court’s decision is expected to make it more difficult for border agents to search through travelers’ devices by requiring agents to have reasonable suspicion before they search anyone’s device.

This alert is for informational purposes only. Please contact our office if you would like to discuss this development further.