News & Analysis as of

Customs and Border Protection Fourth Amendment Department of Homeland Security (DHS)

Womble Bond Dickinson

Crossing Borders with Electronics: Know Your Rights and Risks

Womble Bond Dickinson on

With increasing digitalization of our lives and businesses, privacy concerns from border searches of phones, laptops and tables are a growing concern for professionals, executives, and frequent international travelers. U.S....more

Woods Rogers

Understanding Immigration Enforcement: Judicial v. Agency Warrants and Subpoenas, and Business Implications

Woods Rogers on

Recent policy shifts enacted by the new Trump Administration have led to growing anxiety and fears of expanded and aggressive enforcement tactics, making it essential for businesses and institutions to understand and prepare...more

WilmerHale

Outlier or Trend? A Possible Narrowing of the Border Search Exception for Electronic Devices

WilmerHale on

As we wrote in a note back in December 2020, the border search exception to the Fourth Amendment is a powerful investigative tool relied on by law enforcement to gather critical physical and digital evidence because it allows...more

Eversheds Sutherland (US) LLP

The First Circuit Court of Appeals confirms government’s expansive authority to search electronic devices

In a closely watched decision, the US Court of Appeals for the First Circuit confirmed the government’s expansive authority to search cell phones, laptops, and other electronic devices at the border. On February 9, 2021, the...more

Jackson Lewis P.C.

ABA Gets Lawyers Heightened Protections For Device Searches At International Borders

Jackson Lewis P.C. on

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...more

Womble Bond Dickinson

Can They Really Do That?

Womble Bond Dickinson on

Best Practices for Managing U.S. Border Searches of Electronic Devices - Effective October 18, 2017, the U.S. Department of Homeland Security (DHS), U.S. Citizenship & Immigration Services (USCIS), Immigration & Customs...more

Dickinson Wright

Crossing the Border with Electronics - Helpful Tips and Pitfalls to Avoid

Dickinson Wright on

International travelers have been reporting that cell phones, computers, and other communication devices are being seized by Officers of the U.S. Customs and Border Protection (“USCBP”) branch of the U.S. Department of...more

Alston & Bird

A Border Search Doctrine Without Borders? A Court Pushes Back Against Searches of Laptops and Cellphones

Alston & Bird on

Last year, the Supreme Court in Riley v. California (134 S. Ct. 2473 (2014)) recognized the unique characteristics of laptops and cellphones and held that police generally may not search the cellphone of an individual who has...more

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