Legal and Policy Framework
The 's 2014 ruling established that warrantless searches of cell phones violate the Fourth Amendment, with a specific exception for border searches. This includes searches at airports, extending the border search exception beyond just physical borders.
CBP's authority to search devices stems from a border exemption to the Fourth Amendment, allowing routine anti-smuggling searches. However, internal regulations set limits, requiring "reasonable suspicion" for advanced searches.
Impact on Travelers and Privacy Concerns
Incidents of travelers being turned away due to content found on their devices, such as criticism of the Trump administration or pro-Hezbollah images, highlight the contentious application of CBP's search powers.
Privacy advocates argue that the vast amount of personal data on devices makes these searches invasive. They recommend travelers assess their risk and prepare accordingly, as refusing a search can lead to device confiscation or further questioning.