Posted on November 19, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
District Judge Denise Casper ruled on Tuesday that border agents need reasonable suspicion to search through travelers’ phones and laptops at airports and other ports of entry. Current ICE and CBP policies allow for routine searches of electronics with no suspicion. The number of electronic searches at U.S. ports of entry has increased greatly during the Trump administration, from 8,500 in 2015 to more than 30,000 in 2018. Since this decision is at the district court level, it is not binding on higher courts.
Filed under: best deportation attorney | Tagged: 4th amendment, search and seizure, search at border | Leave a comment »
Posted on October 3, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Associated Press reports that a federal lawsuit filed Wednesday claims the U.S. government’s growing practice of searching laptops and cellphones at the border is unconstitutional because electronic devices now carry troves of private personal and business information. The Fourth Amendment of the Constitution prohibits unreasonable searches and seizures, and requires law enforcement to secure warrants based on probable cause. Courts, however, have made an exception for searches at U.S. ports of entry and airports, ruling that the government can conduct warrantless border searches to enforce immigration and customs laws and protect national security.
Filed under: best deportation attorney | Tagged: fourth amendment, illegal searches, laptops, phone, search and seizure, search at border | Leave a comment »
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 