Skip to Main Content
Services Talent Knowledge
Site Search
Menu

Blog Post

April 14, 2017

CBP Statistics Show Steady Increase of Electronic Device Searches

On April 11, 2017, U.S. Customs and Border Protection (CBP) released statistics related to searches of electronic devices during the process of admitting individuals to the United States.  While less than 0.1% of total travelers may be subject to a search, comparing the statistics between the first six months of FY 2017 (October-March) and FY 2016, electronic device searches nearly doubled from 8,383 to 14,993.

CBP inspects approximately 1 million travelers to the U.S. every day. Approximately 2,500 electronic device searches including phones, computers and tablets, occurred on a monthly basis beginning in October 2016.  U.S. citizens, permanent residents, and visitors’ electronics may be subject to the search.  According to CBP, increased electronic device searches are driven by the mission to combat terrorism, child pornography, export controls violation, intellectual property rights infringement, and fraud.

It has long been held by the courts that the search and seizure clause under the Fourth Amendment does not apply to border searches, and that information on a traveler’s electronic devices, including electronically stored personal files, may be searched at random, without a warrant.  By applying for admission to the U.S., a traveler is subject to a search and does not have a reasonable expectation of privacy.

Our best recommendation to avoid an electronic device search is to leave the devices at home, store data in cloud services, or bring a “clean device” when travelling across the border.

Featured Media

Alerts

NYISO Capacity Market Update: Key Data Newly Released for Supplier Revenue for 2025–2026

Alerts

Department of Labor FLSA Salary Increases Vacated by District Court Judge

Alerts

IRS Publishes Final Regulations on the Retirement of Tax-Exempt Bonds

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Howard Wilson, Kalari Jackson Girtley, Vincent Clement, and Eslimerari Ramos—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

NYS Court of Appeals Holds Electronic Service of Appellate Division Order on Trial Court Docket Is Effective and Reiterates Service by One Is Not Service for All

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Holger Fiallo, Kane Brolin, Chris Jackson, Roosevelt Bradley, and Melissa McCabe—Targeting Businesses in Recent Flurry of Lawsuits

This site uses cookies to give you the best experience possible on our site and in some cases direct advertisements to you based upon your use of our site.

By clicking [I agree], you are agreeing to our use of cookies. For information on what cookies we use and how to manage our use of cookies, please visit our Privacy Statement.

I AgreeOpt-Out