US: THE EVOLVING LEGAL LANDSCAPE OF THE BORDER SEARCH DOCTRINE

On 8 December, WilmerHale published an article which opens with examples of recent China Initiative cases that the US DoJ has brought based largely on the evidence discovered during airport border searches. While the number of these cases has been on the rise, US Attorney Andrew Lelling has referred to the cases announced so far as only “the tip of the iceberg”.  It seems that border searches, conducted by US Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE), will remain one of the most essential investigative tools.  It says that there are countless cases where innocent travellers have been questioned and devices seized and examined without results.  Academic researchers and visiting students have described being targeted by CBP agents, aggressively questioned, and having their devices taken from them.  Often, these encounters have led to missed flights and months without laptops or cellphones, and the critical information contained on them.  The article describes the current state of the law related to border searches, and the law as it pertains to CBP’s and ICE’s authority to seize and examine electronic devices and recent legal challenges to that authority that could ultimately change the landscape for these searches.  The article concludes with a discussion of practical advice for educational institutions, companies, and other organisations to help their researchers, students, and employees prepare to travel to and from the US.

https://www.wilmerhale.com/en/insights/client-alerts/20201209-borderline-the-evolving-landscape-of-the-border-search-doctrine

I had omitted the following link (as it did not seem to generate much interest!), but it seemed time to add it again and say that, if you would like to make a (polite) gesture and help me with my removal and computer costs, I have a page at https://www.buymeacoffee.com/KoIvM842y

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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