FILE - In this March 26, 2019, file photo, an airline passenger walk in the arrivals terminal at Dulles International Airport in Dulles, Va. (AP Photo/Cliff Owen, File)

U.S. searches of phones, laptops at airports rising, suit says

A federal lawsuit that claims going through electronic devices without a warrant is unconstitutional

U.S. government searches of travellers’ cellphones and laptops at airports and border crossings nearly quadrupled since 2015 and are being conducted for reasons beyond customs and immigration enforcement, according to papers filed Tuesday in a federal lawsuit that claims going through electronic devices without a warrant is unconstitutional.

The government has vigorously defended the searches, which rose to 33,295 in fiscal 2018, as a critical tool to protect America. But the newly filed documents claim the scope of the warrantless searches has expanded to enforce tax, bankruptcy, environmental and consumer protection laws, gather intelligence and advance ongoing law enforcement investigations.

READ MORE: Foreign national arrested in connection to thefts at YVR

Agents with U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement consider requests from other government agencies in determining whether to search travellers’ electronic devices, the court papers said. They added that agents are searching the electronic devices of not only targeted individuals but their associates, friends and relatives.

The new information about the searches was included in a motion the Electronic Frontier Foundation and the American Civil Liberties Union filed Tuesday in U.S. District Court in Massachusetts.

“The evidence we have presented the court shows that the scope of ICE and CBP border searches is unconstitutionally broad,” said Adam Schwartz, senior staff attorney for the EFF, based in San Francisco.

“ICE and CBP policies and practices allow unfettered, warrantless searches of travellers’ digital devices and empower officers to dodge the Fourth Amendment when rifling through highly personal information contained on laptops and phones,” he said.

The Department of Homeland Security did not respond to a request for comment. Both ICE and CBP said they did not comment on pending litigation.

When the suit was filed against the government in 2017, DHS officials said U.S. citizens and everyone else are subject to examination and search by customs officials, unless exempted by diplomatic status. The department has contended that no court has concluded that border searches of electronic devices require a warrant. Searches, some random, have uncovered evidence of human trafficking, terrorism, child pornography, visa fraud, export control breaches and intellectual property rights violations, according to the department.

The original case was filed on behalf of 10 American citizens and a lawful permanent resident from seven states who alleged the searches violated their constitutional rights. They asked the court to rule that the government must have a warrant based on probable cause before searching electronic devices at airports and other U.S. ports of entry.

READ MORE: Glitch causes delays at major U.S. airlines

A year ago, U.S. District Judge Denise Casper in Boston rejected the government’s request to dismiss the lawsuit, allowing the case to move forward. The ACLU and the foundation began gathering documents and deposition testimony. Based on the new information, they filed a motion Tuesday asking the judge to rule in their favour without a trial.

“This new evidence reveals that the government agencies are using the pretext of the border to make an end run around the First and Fourth Amendments,” said ACLU attorney Esha Bhandari. “The border is not a lawless place. ICE and CBP are not exempt from the Constitution and the information on our electronic devices is not devoid of Fourth Amendment protections. We are asking the court to stop these unlawful searches and require the government to get a warrant.”

The court documents claim that the agencies also assert the authority to search electronic devices when the subject of interest is someone other than the traveller, such as the business partner of someone under investigation. Both agencies also allow officers to retain information from travellers’ electronic devices and share it with other government entities, including state, local and foreign law enforcement agencies, the court papers claim.

Deb Riechmann, The Associated Press

Like us on Facebook and follow us on Twitter.

Just Posted

Quebec City beats Victoria for lowest unemployment rate in Canada

Victoria’s unemployment rate was 3.2 per cent in October

Chance of rain ahead for Monday

Plus a look ahead at the weekend

Greater Victoria’s biggest home show seeks vendors that fit the new green theme

Home and Garden Expo to focus on sustainability, green living, energy efficiency for first time

Russell Books marks opening of new location by setting Guinness World Record

Store stacks world record books more than six metres high

Teen with cancer whose viral video urged Canadians to vote has died, uncle tweets

Maddison Yetman had been looking forward to voting in her first federal election since junior high school

Greater Victoria 2019 holiday craft fair roundup

Get a jump on your holiday shopping

POLL: Do you support CUPE workers in their dispute with School District 63?

SD63 schools to remain closed as strike continues Tuesday

Stelly’s Stingers book ticket to provincial championships

Senior girls volleyball team places second at Island Championships

Cleanup in the works after tanker truck fire leads to oil spill in B.C.’s Peace region

The province said the majority of the spilled oil likely burned away in the fire.

Fisherman missing near Lake Cowichan’s Shaw Creek

Family is asking for everyone and anyone to keep their eyes open,… Continue reading

BC VIEWS: Action needed on healthcare workplace violence

While we’ve been talking about it, the number of B.C. victims has only grown

Closing arguments begin in B.C. case launched in 2009 over private health care

Dr. Day said he illegally opened the Cambie Surgery Centre in 1996 in order to create more operating-room time

MacLean says “Coach’s Corner is no more” following Cherry’s dismissal from Hockey Night

Cherry had singled out new immigrants in for not honouring Canada’s veterans and fallen soldiers

Most Read