Traveler phone search risk: Welcome to the United States! Hand over your phone now; CBP can legally search your phone without an arrest warrant, yes, even your messages and social media
CBP can search mobile phones without guarantee
Current U.S. policy provides legal powers to search your electronic devices (smartphones, laptops, tablets) and grants customs and border protection (CBP) agents, without guarantees.
This means mining your text, DMS, email, social media apps, cloud storage and even deleted content according to Yahoo! Creator.
Although not everyone does these electronic searches, they do happen, and when they do, they can be very invasive. In recent years, dozens of announced cases have triggered alarms from privacy lobbyists, civil rights groups and immigration lawyers.
Boundary loopholes in constitutional rights
According to the report, the Fourth Amendment to the U.S. Constitution can prevent unreasonable searches and seizures. However, according to the federal government, the border is different from Yahoo creators. The court asserted that routine searches at U.S. entrance points do not require an arrest warrant, and even digital devices. The report said the CBP believed its actions were justified, saying it had the right to inspect electronic devices under national security.
CBP can also keep copies of your data for 15 years
According to CBP policy, officials can not only browse your device, they can even create copies of their content based on Yahoo Creators’ reports. According to the report, the copy (including photos, contacts, downloads, application information and message history) can be legally stored by the agency for up to 15 years. Non-citizens can refuse entry. American citizens can last longer or get their cell phones. While in most cases, travelers do not inform their phones in advance, according to Yahoo Finance.
Legal experts recommend caution
“I told clients to make sure they didn’t accidentally save the photos to a cell phone that could cause controversy,” said Elissa Taub, a partner at the law firm Siskind Susser. Taub advises travelers to “be very careful with your actions online in WhatsApp, Telegram or group chat. If the CBP will catch you, they may ask to see everything and you have nothing to stop it.”
FAQ
Can U.S. border agents really search my phone without an arrest warrant?
Yes, under current law, CBP can search your phone at the border without an arrest warrant.
What if I don’t give it to my phone?
You may face extended detention, confiscation of your cell phone, or if you are not a citizen, you will be denied entry.
