Canadians Face Phone Searches without Suspicion at U.S. Border
The ruling follows a case involving a cellphone search at JFK Airport and cites border-search precedents that allow officers to inspect devices without a warrant.
- On Thursday, the U.S. Court of Appeals for the Second Circuit ruled that federal border agents may search and photograph travelers' cellphones without a warrant or reasonable suspicion of criminal activity.
- The ruling overturns previous lower court cases requiring warrants, instead citing the Supreme Court's 1977 precedent in U.S. v. Ramsey regarding the sovereign right to protect borders without probable cause.
- Toronto-Based lawyer Joel Sandaluk advises travelers to prepare for inspections, noting officers may review social media, emails, and photos to determine visit purpose, and may examine "any tiny corner of the phone."
- Washington state immigration lawyer Leonard D.M. Saunders warns that refusing to provide a phone password may result in officers deeming the device "uninspectable," leading to denied entry to the United States.
- Data from 2025 shows border officers searched 55,424 devices out of 419 million international travelers, suggesting that while the legal authority is broad, CBP reports such searches remain relatively uncommon.
10 Articles
10 Articles
The U.S. Government Quietly Just Made It Legal to Go Through Your Phone at the Border
An Appeals Court panel has ruled that federal agents can legally search through travelers' cell phones without reasonable suspicion, probable cause, or a warrant when they cross an international border. The post The U.S. Government Quietly Just Made It Legal to Go Through Your Phone at the Border appeared first on L.A. TACO.
Second Circuit Greenlights Suspicionless Smartphone Searches at Border
This post was authored by Business Litigation group partner Eric Del Pozo. In United States v. Alisigwe, No. 24-960 (2d Cir. Sept. 17, 2026), a divided Second Circuit held that border agents may conduct searches of international travelers’ cellphones without a judicial warrant, reasonable suspicion of criminal activity, or any individualized justification. This decision should […]
US court clears warrantless phone searches at border
US border agents now have powers to search travellers’ phones without a warrant or even reasonable suspicion. A US court ruled Customs and Border Protection can conduct manual searches of electronic devices under the “border search exception,” which has traditionally allowed warrantless searches of people entering the country. The ruling was the result of […]
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