USCBP Updates Policy On Border Searches Of Electronic Devices

On January 4, 2018, United States Customs and Border Protection ("USCBP") updated its official policy on border searches of electronic devices. The new policy directive¹ (the "New Directive") supersedes its prior policy directive (the "Prior Directive), which was issued on August 20, 2009.² The New Directive addresses some, but not all, of the issues that arise in relation to border searches of electronic devices.

Background

The United States Supreme Court has previously found that a routine search any of persons seeking admission to the United States (and their personal effects) may be performed without reasonable suspicion, probable cause, or a warrant.³ This is based on the premise that there is a reduced expectation of privacy associated with international travel.⁴