Reasonable Suspicion Required for Searches of Digital Devices at U.S. Borders

For those traveling into the U.S. this holiday season, a new standard will be in place for searches of individuals’ digital devices. Contrary to prior practices by border patrol agents, a federal judge recently ruled that agents must have “reasonable suspicion” to search an individual’s smartphone or laptop. This standard generally requires that the border patrol agent identify specific reasonable inferences or facts in light of his/her experience for the search. This is a higher standard than the previous practice of routine searches of electronic devices.

By Kristin Whalen Attorney at Bridgehouselaw LLP
Post : December 8, 2019