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Forced Searches of Phones and Laptops at U.S. Border Are Illegal, Lawsuit Claims

NYT

David Lapan, a spokesman for the Department of Homeland Security, said he could not comment on pending litigation but that “we absolutely believe the searches are lawful.”In March, Joseph B. Maher, the acting general counsel for the agency, defended the practice in a USA Today opinion piece.“These electronic media searches have produced information used to combat terrorism, violations of export controls, and convictions for child pornography, intellectual property rights violations and visa fraud,” he wrote. “This authority is critical to our mission, and Customs exercises it judiciously.”While police officers on the street cannot compel you to hand over your phone without probable cause, border agents can search and confiscate digital devices as easily as they can your luggage. Courts have long held that customs officials have an interest in enforcing immigration laws and keeping contraband out.But at least one major judicial case has acknowledged that cellphones are not the same as suitcases.

More here:
Forced Searches of Phones and Laptops at U.S. Border Are Illegal, Lawsuit Claims

Forced Searches of Phones and Laptops at U.S. Border Are Illegal, Lawsuit Claims

NYT

David Lapan, a spokesman for the Department of Homeland Security, said he could not comment on pending litigation but that “we absolutely believe the searches are lawful.”In March, Joseph B. Maher, the acting general counsel for the agency, defended the practice in a USA Today opinion piece.“These electronic media searches have produced information used to combat terrorism, violations of export controls, and convictions for child pornography, intellectual property rights violations and visa fraud,” he wrote. “This authority is critical to our mission, and Customs exercises it judiciously.”While police officers on the street cannot compel you to hand over your phone without probable cause, border agents can search and confiscate digital devices as easily as they can your luggage

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Forced Searches of Phones and Laptops at U.S. Border Are Illegal, Lawsuit Claims

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