"investigative agents had a case coordination meeting and border search authority was discussed in early January 2017, before Mr. Roggio traveled internationally in February 2017. The district court denied Mr. Roggio's motion to suppress the emails and other data obtained from the warrantless searches of his devices."
"In Fiscal Year 2025, U.S. Customs and Border Protection (CBP) conducted 55,318 device searches, both manual (basic) and forensic (advanced). While a manual search involves a border officer tapping or mousing around a device, a forensic search involves connecting another device to the traveler's device and using software to extract and analyze the data."
"EFF has been making in the courts and Congress for nearly a decade arguments urging the court to require a warrant for border searches of electronic devices, an argument that represents a significant invasion of privacy that is only increasing."
EFF, ACLU, and state affiliates filed an amicus brief in the U.S. Court of Appeals for the Third Circuit advocating for warrant requirements in border searches of electronic devices. The case involves a man under criminal investigation whose devices were seized and forensically searched at JFK airport without a warrant, leading to his conviction for illegally exporting gun parts to Iraq. Border officers deliberately used border search authority to bypass Fourth Amendment protections. Warrantless device searches at borders are escalating significantly, with U.S. Customs and Border Protection conducting 55,318 device searches in Fiscal Year 2025. Forensic searches extract and analyze detailed data from devices, including communications and activities, using specialized software to access locked or encrypted devices.
Read at Electronic Frontier Foundation
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