Can the border patrol search your phone and electronic devices? Here’s what the law says

In recent weeks, airport US Customs and Border Protection (CBP) agents have been in the public eye after a series of travelers heading to the United States were denied access due to searches conducted on their smartphones.

One of the high profile cases involved a French scientist who was denied permission to enter the US after a device search unearthed messages criticizing the Trump administration’s cuts to research programs, which officers said “conveyed hatred of Trump” and “could be qualified as terrorism.”

Whilst these searches are legal with the CBP website stating that: Border searches of electronic devices, including cell phones, laptops and iPads, are meant to “enforce the law at the U.S. border and to protect border security”.

Travelers to the US should be mindful of what’s on their phones and public online profiles and are advised to bring as few devices as possible when travelling.

The government maintains that it doesn’t need a warrant to conduct “basic” searches of the contents of a person trying to enter the United States' phone.

“Any traveler entering the U.S. is subject to CBP inspection,” CBP Assistant Commissioner Hilton Beckham said in a statement to USA TODAY. “CBP follows strict policies and directives when it comes to searching electronic media. These searches are rare, highly regulated, and have been used in identifying and combating serious crimes, including terrorism, smuggling, human trafficking, and visa fraud. Any claims of politically motivated searches are completely unfounded.”

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