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

Memorial Midget C Hockey Tournament supports Puska

Ladysmith man in need of a kidney transplant receiving abundant financial contributions

Poppy funds blossom at Chemainus Health Care Centre

Cowichan Legion Branch 53 makes a valuable contribution

Ladysmith Hill Dash and Running of the Balls return to High street

Ever year Ladysmith residents run High street to support the Ladysmith Resource Centre Association

RCMP urges community to report crimes as theft from vehicles continues

Ladysmith RCMP confirmed a group of teens were seen trying to break into a vehicle on Thetis drive

Nanaimo-Vancouver ferry sets sail again after delay

B.C. Ferries says Queen of Oak Bay was held in dock earlier due to staffing issues

VIDEO: Huge crowds gather in downtown Toronto for Raptors parade

Mayor John Tory declares it ‘We The North Day’ after team’s historic NBA title win

Feds announce $50M strategy to fight dementia

Emphasis is on prevention and and supporting caregivers

Federal Liberals’ plan to help first-time homebuyers to kick in weeks before election

Ottawa to pick up 5% of a mortgage on existing homes for households that earn under $120,000 a year

B.C. VIEWS: When farmland protection doesn’t protect farmers

Secondary residences aren’t mansions, families tell Lana Popham

Bombers down B.C. Lions 33-23 in season opener

Former Lion Andrew Harris leads Winnipeg with 148 rushing yards

Northern B.C. family remembers murdered Indigenous woman with memorial walk

Still no closure for Ramona Wilson’s family 25 years later

Monkey spotted on late-night jaunt in Campbell River

Conservation officers also apparently looking for cougar in the area

B.C. university to offer mentorship program for former youth in care

Students using the provincial tuition waiver program will soon be able to form a community at KPU

Cyclists competing in one of the toughest bike races on the planet pass through Fernie

Divide riders looking strong as they finish first leg of 4160 km race

Most Read