News & Analysis as of

Cell Phones Border Searches

Sheppard Mullin Richter & Hampton LLP

Will CBP Search Your Employee’s Laptop and Cell Phone at the Port of Entry?

Cell phone and laptop searches do happen but they are relatively rare. Although the Fourth Amendment right to be free of unreasonable searches and seizures is drastically reduced at a port of entry, as are expectations of...more

Sheppard Mullin Richter & Hampton LLP

Will CBP Search Your Laptop and Cell Phone at the Port of Entry?

Cell phone and laptop searches do happen but they are relatively rare. Although the Fourth Amendment right to be free of unreasonable searches and seizures is drastically reduced at a port of entry, as are expectations of...more

Jackson Lewis P.C.

Is Exception to Warrantless Searches at Border Changing for Electronic Devices?

Jackson Lewis P.C. on

U.S. law has long provided a border search exception to the Fourth Amendment warrant or probable cause requirement, allowing federal agents to search people, and their electronic devices, at border crossings without a warrant...more

WilmerHale

Outlier or Trend? A Possible Narrowing of the Border Search Exception for Electronic Devices

WilmerHale on

As we wrote in a note back in December 2020, the border search exception to the Fourth Amendment is a powerful investigative tool relied on by law enforcement to gather critical physical and digital evidence because it allows...more

Alston & Bird

A Border Search Doctrine Without Borders? A Court Pushes Back Against Searches of Laptops and Cellphones

Alston & Bird on

Last year, the Supreme Court in Riley v. California (134 S. Ct. 2473 (2014)) recognized the unique characteristics of laptops and cellphones and held that police generally may not search the cellphone of an individual who has...more

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