Yes. U.S. Customs and Border Protection (CBP) Officers have the power to conduct searches without a warrant at every U.S. border crossing checkpoint. Whether you are attempting to enter the U.S. by car, plane, or boat, Officers can search your vehicle, yourself, your passengers, and everyone’s possessions, including electronic devices.

Directive: Border Search of Electronic Devices.

The rules for electronic device searches are found in CBP’s Directive: Border Search of Electronic Devices. The Directive provides guidance and standard operating procedures for searching, reviewing, retaining, and sharing information contained in electronic devices. This applies to both inbound and outbound border searches by CBP.

Why are searches done?

Section 1.2 of the Directive states searches are done to enforce the law at the U.S. border, protect border security, and ensure compliance with customs, immigration, and other laws that CBP is authorized to enforce and administer, by detecting evidence relating to:

• terrorism and other national security matters
• human and bulk cash smuggling
• narcotics smuggling
• firearms smuggling
• contraband
• child pornography
• digital contraband, such as
  • child pornography
  • illicit transfer of restricted or classified information
  • other export-controlled information
• financial and commercial crimes, such as those relating to
  • copyright
  • trademark
  • smuggling
  • transnational theft of proprietary information
  • export control violations

What can be searched?

Searches may be done on any device that possibly contains information in an electronic or digital form, such as

• smart watches
• mobile phones
• other communication devices, cameras, music and other media players
• computers
• tablets
• disks
• drives
• tapes
• flash drives
• SIM cards
• global positioning systems (GPS)
• unmanned aircraft systems (drones)
• vehicle infotainment systems

How are searches done?

Two types of searches may be conducted, a basic search or an advanced search.

Basic search: Officers do not need to have a suspicion of illegal activity in order to conduct basic searches of electronic devices like cell phones, tablets, laptops, digital cameras, and hard drives. Officers can open files, look at websites you have visited, and read your emails and text messages. Officers can demand you tell them your password for the devices, and while you can refuse to do so, your device could then be seized, or the Border Officer could delay your travel or deny you entry if you are not a U.S. citizen.

A basic search may include documenting information observed on the device that relates to immigration, customs, or other law enforcement actions in CBP systems.

Advanced search: If CBP Officers have a reasonable suspicion of illegal activity, they may conduct more advanced searches that involve connecting electronic devices, wired or wireless, to external equipment to review, copy or analyze its contents. However, they may not intentionally access information stored remotely, such as in a cloud. To prevent this from inadvertently happening, they must ask travellers to disable internet connectivity, or where authorized due to security concerns, they could disable it themselves.

Can officers seize your device?

As per the section 5.7.1 of the Directive:

“Officers may seize an electronic device when, based on a review of the electronic device encountered or on other facts and circumstances, they determine there is probable cause to believe that the device-contains digital contraband or evidence of a violation of law that CBP is authorized to enforce or administer.”

What if you are found inadmissible to the U.S?

If you have been denied entry and receive a ban from entering the U.S., you will have to apply for a U.S. Entry Waiver in order to visit the U.S. in future. For more information about U.S. Entry Waivers, refer to the USA Entry Waivers section of USA Travel and Immigration.

For more information on searches at the border, visit U.S. Customs and Border Protection.

Get help

A criminal record will prevent you from entering the USA or obtaining your USA immigration status. To erase your Canadian criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

There are many rules regarding travelling to the USA as a visitor, student, or to work, often involving Visas and travel permits. To get help, ask a lawyer now.

								
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