Can Border Patrol Search Your Phone?

Transcript:

For many of us our phones have become an extensions of ourselves. They hold our text messages, our photos, our web histories, and a lot more information about us. Right now U.S. border patrol and immigration officers can search your phone or laptop without a warrant. In fact, they don’t even need probable cause. The ACLU and the Electronic Frontier Foundation say this is unconstitutional, and they’re suing the government. Why?

They argue that warrantless searches of electronic devices violate the First and Fourth Amendments. Freedom of speech, religion, and the press are protected by the First Amendment. The Fourth Amendment prohibits unreasonable searches and seizures. It requires law enforcement to get a warrant based on probable cause prior to a search.

The lawsuit details the experiences of 11 plaintiffs who had their devices searched by federal officers at U.S. ports of entry without a warrant.

The plaintiffs argue that cell phones and laptops "contain massive amounts of personal information." This including intimate messages and photos, opinions and expressive material, information about one’s religion and communities, and sensitive medical, legal, and financial data. They may also contain privileged information that the owner must protect, like the names of journalists’ confidential sources.

According to the lawsuit, "because government scrutiny of electronic devices is an unprecedented invasion of personal privacy and a threat to freedom of speech…searches of such devices absent a warrant …are unconstitutional."

But Homeland Security says that these searches are legal and necessary to protect the country. According a DHS spokesperson, "Keeping America safe and enforcing our nation’s laws in an increasingly digital world depends on our ability to lawfully examine all materials entering the U.S.”

What do you think? Are warrantless searches at U.S. borders unconstitutional, or are they necessary? Let us know in the comments.

Related Reading:

• Should Border Patrol Be Allowed To Search Your Phone?