Some agencies insist suspects do not have access to those rights if certain conditions apply, such as being within one hundred miles of a US border (such as a coast),
It seems kinda nuanced tho. From various sources, the rules look like this. Ofc sometimes the rules may not be followed, that’s a separate issue. This is just the rules CBP has,
CBP agents can, with no cause, perform a “basic search”. That means looking through photos, text messages, call logs, and emails. But not using tools or forensic methods.
CBP CANNOT compel you to unlock the device for them or produce a pw. They CAN confescate the device if you don’t, tho.
CBP agents CANNOT perform a forensic search without reasonable suspicion and a signoff from a supervisor. A forensic search is one that uses external tools, not just the agent eyeballing your photos and messages after you unlock it for them.
CBP agents CAN perform a forsensic search with reasonable suspicion, and a supervisor signoff.
CBP CANNOT access cloud data from your device. Only data on the device is in bounds.
CBP MUST follow a special protocol if the owner asserts certain privileges, such as attorney client priviledge, or protected medical data.
This leaves travelers in a position where they CAN assert their 4A rights when it comes to data on the device. But it comes at a price. It may lead to the confescation of the device. That is coersive ofc, and many ppl won’t want to. So in practice, many ppl will cooperate and unlock the dev for the agent. But if you really want to push back, you can, and they have to let you into the country still if you are a citizen.
It seems kinda nuanced tho. From various sources, the rules look like this. Ofc sometimes the rules may not be followed, that’s a separate issue. This is just the rules CBP has,
CBP agents can, with no cause, perform a “basic search”. That means looking through photos, text messages, call logs, and emails. But not using tools or forensic methods.
CBP CANNOT compel you to unlock the device for them or produce a pw. They CAN confescate the device if you don’t, tho.
CBP agents CANNOT perform a forensic search without reasonable suspicion and a signoff from a supervisor. A forensic search is one that uses external tools, not just the agent eyeballing your photos and messages after you unlock it for them.
CBP agents CAN perform a forsensic search with reasonable suspicion, and a supervisor signoff.
CBP CANNOT access cloud data from your device. Only data on the device is in bounds.
CBP MUST follow a special protocol if the owner asserts certain privileges, such as attorney client priviledge, or protected medical data.
This leaves travelers in a position where they CAN assert their 4A rights when it comes to data on the device. But it comes at a price. It may lead to the confescation of the device. That is coersive ofc, and many ppl won’t want to. So in practice, many ppl will cooperate and unlock the dev for the agent. But if you really want to push back, you can, and they have to let you into the country still if you are a citizen.