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

Lexology: Outlier or Trend? A Possible Narrowing of the Border Search Exception for Electronic Devices (“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 for warrantless searches of a person and the person’s belongings. The government’s use of border searches has grown over the years, particularly with respect to electronic devices. In 2022, United States Customs and Border Protection (CBP) conducted approximately 45,425 border searches of electronic devices, a 17% increase from the year prior. This year, the number has remained significant, with over 31,481 searches of travelers’ devices through September 2023.”)