I usually avoid writing about topics considered political but I’m making an exception with this. After seeing an article on border searches in the NYT, I looked around and found that electronic devices can be searched on either entry or exit to the US. This applies to citizens and green card holders as well as tourists and others. The only difference I found is that both citizens and green card holders must be allowed to enter while visitors and others can be refused.
Searching your phone is legal due to the “border search exception” of the 4th amendment which allows persons and items to be searched without a warrant or a reasonable suspicion. While President Trump did not create this, he did expand it to cover both exits and entrances. Specific rules differ by state with 18 requiring reasonable suspicion while 10 others do not.
Let me emphasize that this is not a common occurrence but it can and does happen. While the majority of those searched are non-citizens, the percentage of US citizens has increased to 25%. The basic phone search requires the officer to look through the phone by hand. They cannot make you unlock your phone but if you do not, they can seize the phone for a closer examination later. In this case, count on your phone being gone for weeks or months.
Should this be allowed and if so what type of protections should you have? Read the official Customs and Border Protections page and see what you think.
Does this apply to cameras as well? This seems like another fine reason to leave your phone at home. One you won’t distracted while you are traveling, two no chance of losing the thing or having it stolen and three no scary, ridiculous, excessive ,charges awaiting when you receive the next phone bill.