Most people consider their cell phone as one of their most privately possessed item. Text messages, phone call logs, pictures, notes, and social media messages are all stored on our cell phones. It’s safe to say that handing our mobile devices to a stranger for a complete search gives many of concern. Despite this expectation of privacy in our devices, the courts and administrative agencies continue to chip away at our rights to prevent searches by law enforcement agencies.
A key example of this is the report that was recently released by the U.S. Customs and Border Protection. Last year, U.S Custom agents searched 30, 200 cellphones of travelers. This was a 60% increase from the previous year. The agency relied on their need to enforce, “In this digital age, border searches of electronic devices are essential to enforcing the law at the U.S. border and to protecting the American people,” CBP official John Wagner said in a statement. All information stored on the phone is subject to search.
American citizens can refuse the search, but then risk having their phone confiscated for up to five days. Non-citizens who refuse the search can be denied entry into the United States. Custom agents are instructed to use the information on a non-citizens phone to determine their eligibility to enter the United States. This information can include non criminal information (i.e. Sexual content or political afflictions).
Although the Supreme Court ruled that officers need search warrants to search mobile phones, it has been determined that border searches are not subject to the same requirements under the Fourth Amendment. The searches have caused alarm with several civil liberty and freedom of speech groups. Sen. Ron Wyden (D-Ore.) is considering legislation which would bring these searches to a stop.
