Travelers in recent years have learned, perhaps the hard way, that Customers and Border Patrol (CBP) agents can detain you at the airport for refusing to allow them to search your cell phone. Under the Border Doctrine, a search warrant generally required under the Fourth Amendment is not necessary to conduct a reasonable search at the airport.

As attorneys like to say, you can sue the pope for rape, but you might not win. People can generally file any suit they want, but which of these suits will prevail? Usually the ones that violate the “general reasonableness” requirement will not be dismissed. It is generally reasonable to take a laptop or cell phone from travelers for up to five days to review them.

Checking U.S. Citizen Devices When Leaving the U.S.

Recently, Haisam Elsharkawi, a California man, was departing out of Los Angeles International Airport for a trip to Saudi Arabia to go on a hajj, which is a Muslim pilgrimage. While in a boarding line for Turkish Airlines, a CBP officer pulled him out of line and questioned him about how much cash he was carrying. Questioning became intense, especially after officers asked Elsharkawi to unlock his phone, which he initially refused to do. Elsharkawi asked if he could have an attorney present, but his request was denied, and possiblytaken as a sign of guilt.

If you feel that your constitutional rights have been violated by CBP officers, contact a local civil rights attorney. Though the border patrol does have wide discretion in maintaining national security, it is not all powerful. There are constitutional limits to border searches of electronic devices. A lawyer can advise you of your rights and can help you understand the next steps to take to protect your privacy.

Related Resources:

  • Find a Civil Rights Attorney Near You (FindLaw’s Lawyer Directory)
  • Could You Be Tricked Into Unlocking Your iPhone With Your Face? (FindLaw Law and Daily Life)
  • Warrantless Cell Phone Searches at U.S. Border OK in Florida Case (FindLaw Decided)

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