Earlier this year, U.S. Customs and Border Protection (“CPB”) revealed that, in 2017, it searched the electronic devices of approximately 50 percent more travelers than it had in the previous year.
The same day, it announced that it was issuing new search guidelines for the first time since August 2009.
As a general matter, the U.S. Supreme Court and other courts have affirmed the principle that “the expectation of privacy is less at the border than it is in the interior.” See, e.g., United States v. Flores-Montamo 541 U.S. 149, 154 (2004). Under CPB’s new guidelines border officials may conduct “Basic Searches” or “Advanced Searches.” A basic search involves a manual examination of a device’s contents and can be performed without any basis for suspicion whatsoever.
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