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Border agents can search cellphones without a warrant or reasonable suspicion

235 points · 198 comments · mmh0000

  1. petcat · · focus · HN ↗
    Customs has always been able to search everything without a warrant or suspicion when crossing the border. I guess this is saying that they can search the digital contents of physical devices/media as well?
    1. otterley · · focus · HN ↗
      Not everything. From the case itself:

      "To be sure, nonroutine searches, which are “more invasive searches, like strip searches, require reasonable suspicion.” Id. But we have held that “the label ‘non-routine’ should generally be reserved for intrusive border searches of the person (such as body-cavity searches or strip searches), not belongings.” United States v. Levy, 803 F.3d 120, 123 n.3 (2d Cir. 2015) (emphasis added)."

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