port of entry and customs agent

Federal Court Rules That Warrantless Device Searches at Airports, Ports of Entry Violate Fourth Amendment

Under the terms of the ruling, border agents must demonstrate “individualized suspicion” of international travelers before officials can seize and search an electronic device.

Warrantless government searches of phones and laptops of international travelers at airports and American ports of entry are violations of the Fourth Amendment, a federal court in Boston ruled on Tuesday.

In 2017, the American Civil Liberties Union and the Electronic Frontier Foundation filed a lawsuit on behalf of 11 people whose devices were searched without warrants or “individualized suspicion” as they attempted to enter the United States. Ten of the travelers were American citizens, and one was a permanent U.S. resident, The Associated Press reported.

The court decision comes as the number of device searches at ports of entry has increased significantly. In 2018, the ACLU found that the federal government conducted more than 33,000 such searches, which was nearly four times the number of searches in 2015.

While the federal government has called the searches a crucial method to protect Americans from international and domestic threats, the ACLU and other advocacy groups have argued that they violate the rights of international travelers. Under the ruling, border officials would have to demonstrate “individualized suspicion of contraband before they can search a traveler’s device,” according to the ACLU.

“This ruling significantly advances Fourth Amendment protections for the millions of international travelers who enter the United States every year,” Esha Bhandari, staff attorney with the ACLU’s Speech, Privacy, and Technology Project, said in a statement. “By putting an end to the government’s ability to conduct suspicionless fishing expeditions, the court reaffirms that the border is not a lawless place and that we don’t lose our privacy rights when we travel.”

In previous statements about the lawsuit, the Department of Homeland Security said that all travelers, regardless of citizenship status, was subject to search by customs officers. They argue that important evidence of human trafficking, terrorism and intellectural property rights violations have been discovered as a result of the searches, according to the Associated Press.

However, the ACLU and other critics say that DHS officials’ targeting was too broad because officers were not only searching laptops and phones of targeted individuals but their associates, friends and families. Other searches were random, according to the DHS.

“This is a great day for travelers who now can cross the international border without fear that the government will, in the absence of any suspicion, ransack the extraordinarily sensitive information we all carry in our electronic devices," Sophia Cope, EFF senior staff attorney, said in a statement.

U.S. government officials have yet to make public statements on the ruling or if there are plans to appeal.

About the Author

Haley Samsel is an Associate Content Editor for the Infrastructure Solutions Group at 1105 Media.

Featured

  • Pragmatism, Productivity, and the Push for Accountability in 2025-2026

    Every year, the security industry debates whether artificial intelligence is a disruption, an enabler, or a distraction. By 2025, that conversation matured, where AI became a working dimension in physical identity and access management (PIAM) programs. Observations from 2025 highlight this turning point in AI’s role in access control and define how security leaders are being distinguished based on how they apply it. Read Now

  • Report: Cyber Attackers Continue to Turn to AI-Based Tools to Avoid Detection

    Comcast Business recently released its 2025 Cybersecurity Threat Report, a comprehensive analysis of 34.6 billion cybersecurity events detected between June 1,2024 and May 31, 2025. Now in its third year, the report offers business leaders a unique perspective into the evolving threat landscape and provides actionable insights to help organizations strengthen their defenses and align cybersecurity with business risk. Read Now

  • Axis Communications Creates AI-powered Video Surveillance Orchestra

    What if cameras could not only see the world, but interpret it—and respond like orchestra musicians reading sheet music: instantly, precisely, and in perfect harmony? That’s what global network technology leader Axis Communications set to find out. Read Now

  • Just as Expected

    GSX produced a wonderful tradeshow earlier this week. Monday was surprisingly strong in the morning, and the afternoon wasn’t bad at all. That’s Monday’s results and asking attendees to travel on Sunday. Just a quick hint, no one wants to give up their weekend to travel and set up an exhibit booth. I’m just saying. Read Now

    • Industry Events
    • GSX
  • NOLA: The Crescent City

    Twenty years later we finds ourselves in New Orleans. Twenty years ago the aftermath of Hurricane Katrina forced exhibitors and attendees to look elsewhere for tradeshow floor space. Read Now

    • Industry Events
    • GSX

New Products

  • 4K Video Decoder

    3xLOGIC’s VH-DECODER-4K is perfect for use in organizations of all sizes in diverse vertical sectors such as retail, leisure and hospitality, education and commercial premises.

  • Camden CV-7600 High Security Card Readers

    Camden CV-7600 High Security Card Readers

    Camden Door Controls has relaunched its CV-7600 card readers in response to growing market demand for a more secure alternative to standard proximity credentials that can be easily cloned. CV-7600 readers support MIFARE DESFire EV1 & EV2 encryption technology credentials, making them virtually clone-proof and highly secure.

  • Automatic Systems V07

    Automatic Systems V07

    Automatic Systems, an industry-leading manufacturer of pedestrian and vehicle secure entrance control access systems, is pleased to announce the release of its groundbreaking V07 software. The V07 software update is designed specifically to address cybersecurity concerns and will ensure the integrity and confidentiality of Automatic Systems applications. With the new V07 software, updates will be delivered by means of an encrypted file.