Coming back from a far-flung vacation? Traveling abroad on a business trip? Just happen to find yourself within 100 miles of a U.S. border? I regret to inform you that U.S. Customs and Border Control (CBP) agents can search your phone, laptop, GPS system, smartwatch, or other electronic devices for virtually no reason. No particular suspicion of criminal activity is needed. No probable cause. No warrant.
At "the physical border, the functional equivalent of the border" (such as an incoming or outgoing flight at an international airport), or "the extended border," border policy is to allow device searches "with or without suspicion."
Wilmer Chavarria is trying to change this. The Vermont-based school superintendent is suing the Department of Homeland Security, arguing that his 4th Amendment rights were violated when border agents searched his personal and work devices as he was traveling back to the U.S. after visiting family in Nicaragua.
You may be surprised to learn just how expansive border policies around electronic device searches are.
According to a January 2026 policy directive, CBP agents can search "any device that may contain information in an electronic or digital form, such as computers, tablets, disks, drives, tapes, flash drives, SIM cards, global positioning systems, unmanned aircraft systems, vehicle infotainment systems, smart watches, mobile phones and other communication devices, cameras, music and other media players." If you're entering the country, exiting the country, or within 100 miles of a border, it's fair game.
At "the physical border, the functional equivalent of the border" (such as an incoming or outgoing flight at an international airport), or "the extended border," border policy is to allow device searches "with or without suspicion."
Wilmer Chavarria is trying to change this. The Vermont-based school superintendent is suing the Department of Homeland Security, arguing that his 4th Amendment rights were violated when border agents searched his personal and work devices as he was traveling back to the U.S. after visiting family in Nicaragua.
You may be surprised to learn just how expansive border policies around electronic device searches are.
According to a January 2026 policy directive, CBP agents can search "any device that may contain information in an electronic or digital form, such as computers, tablets, disks, drives, tapes, flash drives, SIM cards, global positioning systems, unmanned aircraft systems, vehicle infotainment systems, smart watches, mobile phones and other communication devices, cameras, music and other media players." If you're entering the country, exiting the country, or within 100 miles of a border, it's fair game.
4 months ago
