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

  • AI Is Now the Leading Cybersecurity Concern for Security, IT Leaders

    Arctic Wolf recently published findings from its State of Cybersecurity: 2025 Trends Report, offering insights from a global survey of more than 1,200 senior IT and cybersecurity decision-makers across 15 countries. Conducted by Sapio Research, the report captures the realities, risks, and readiness strategies shaping the modern security landscape. Read Now

  • Analysis of AI Tools Shows 85 Percent Have Been Breached

    AI tools are becoming essential to modern work, but their fast, unmonitored adoption is creating a new kind of security risk. Recent surveys reveal a clear trend – employees are rapidly adopting consumer-facing AI tools without employer approval, IT oversight, or any clear security policies. According to Cybernews Business Digital Index, nearly 90% of analyzed AI tools have been exposed to data breaches, putting businesses at severe risk. Read Now

  • Software Vulnerabilities Surged 61 Percent in 2024, According to New Report

    Action1, a provider of autonomous endpoint management (AEM) solutions, today released its 2025 Software Vulnerability Ratings Report, revealing a 61% year-over-year surge in discovered software vulnerabilities and a 96% spike in exploited vulnerabilities throughout 2024, amid an increasingly aggressive threat landscape. Read Now

  • Motorola Solutions Named Official Safety Technology Supplier of the Ryder Cup through 2027

    Motorola Solutions has today been named the Official Safety Technology Supplier of the 2025 and 2027 Ryder Cup, professional golf’s renowned biennial team competition between the United States and Europe. Read Now

  • Evolving Cybersecurity Strategies

    Organizations are increasingly turning their attention to human-focused security approaches, as two out of three (68%) cybersecurity incidents involve people. Threat actors are shifting from targeting networks and systems to hacking humans via social engineering methods, living off human errors as their most prevalent attack vector. Whether manipulated or not, human cyber behavior is leveraged to gain backdoor access into systems. This mainly results from a lack of employee training and awareness about evolving attack techniques employed by malign actors. Read Now

New Products

  • Compact IP Video Intercom

    Viking’s X-205 Series of intercoms provide HD IP video and two-way voice communication - all wrapped up in an attractive compact chassis.

  • 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.

  • ResponderLink

    ResponderLink

    Shooter Detection Systems (SDS), an Alarm.com company and a global leader in gunshot detection solutions, has introduced ResponderLink, a groundbreaking new 911 notification service for gunshot events. ResponderLink completes the circle from detection to 911 notification to first responder awareness, giving law enforcement enhanced situational intelligence they urgently need to save lives. Integrating SDS’s proven gunshot detection system with Noonlight’s SendPolice platform, ResponderLink is the first solution to automatically deliver real-time gunshot detection data to 911 call centers and first responders. When shots are detected, the 911 dispatching center, also known as the Public Safety Answering Point or PSAP, is contacted based on the gunfire location, enabling faster initiation of life-saving emergency protocols.