U.S. Customs searches have become increasingly invasive over the years. Pursuant to Department of Homeland Security (DHS) policy, U.S. Customs and Border Protection (CBP) operates under the “broad search exception”, which allows searches and seizures at international borders or an equivalent (e.g. international airports) without probable cause or a warrant. CBP’s searches are deemed “reasonable” per se, and thus not a Fourth Amendment violation, which protects against “unreasonable searches and seizures”. The broad power of the CBP, of course, stems from concern for national security.
Home > Federal Law Articles > Lawyering > Discovery > ABA Gets Lawyers Heightened Protections for Device Searches at International Borders