Uncertainty Around Border Phone Search Standard Continues

Law360 (November 20, 2020, 5:41 PM EST) -- The U.S. Supreme Court recently denied certiorari in Williams v. U.S., a case in which the petitioner had asked the court to decide the level of suspicion required for a border agent to search an individual's electronic device.

Lower courts around the country disagree on what standard applies, and, as a result, travelers into the U.S. have different privacy rights depending on where their plane lands. For now, this uncertainty and inconsistency will continue.

Border Searches: The Current State of the Law

Border searches are an exception to the warrant requirement under the Fourth Amendment.[1] Under the border search exception, border...

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