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)

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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Whether the Town of Ponoka gets enough ‘bang for its buck’ under its Alberta Urban Municipalities Association (AUMA) membership was discussed during town council March 26.
File photo
Town of Ponoka appoints Sandra Lund as CAO

Ponoka town council voted unanimously at its regular meeting on Jan.12 to… Continue reading

Kelowna RCMP Stock Image.
Ponoka RCMP respond to several B&E’s

Calls include complaint of a spray painted garage

Black Press file photo
Maskwacis male charged with 2nd degree murder

18-year-old Kaydence Clark Roasting of Ermineskin Cree Nation was arrested at his residence.

Alberta has 3,651 active cases of COVID-19.  (File photo)
750 new COVID-19 cases identified in Alberta Sunday

Central zone currently has 1,182 active cases of the virus

A scene from “Canada and the Gulf War: In their own words,” a video by The Memory Project, a program of Historica Canada, is shown in this undated illustration. THE CANADIAN PRESS/HO - Historica Canada
New video marks Canada’s contributions to first Gulf War on 30th anniversary

Veterans Affairs Canada says around 4,500 Canadian military personnel served during the war

Lacombe is looking at its options for reclaiming sewage lagoons that are no longer needed. Vesta Energy Ltd. has signed a deal to use three lagoons to store water for fracking.
Map from City of Lacombe
Energy company to use former Lacombe sewage lagoons to store fracking water

Vesta Energy Ltd. will pay Lacombe more than $100,000 a year in 20-year deal

Alberta Chief Medical Officer of Health Dr. Deena Hinshaw said on Monday that11 more people had died from COVID-19, bringing the province’s death toll to 1,447. (Photography by Chris Schwarz/Government of Alberta)
Eleven more Albertans die from COVID-19

There were 739 people in hospital, 120 in ICU on Monday

World Juniors’ referee Mike Langin makes a called during the Canada vs. Slovakia at the 2021 World Junior Championship at Rogers Place in Edmonton, Dec. 27, 2020. (Photo by Matthew Murnaghan/Hockey Canada)
Former Sylvan Lake man lives his dream at World Junior Championships

Mike Langin was one the 25 Canadian officials who worked during the tournament

The Mountain Cree Traditional Band headquarters in Mirror, Alta. has been the target of theft and vandalism. (Photo submitted)
Mountain Cree Traditional Band’s headquarters broken into five times

AWNTB says not enough been done to deter crime in Mirror, Alta.

Indigenous people gather for a ceremony for Cindy Gladue held at the courthouse in Edmonton, Alta, on Wednesday, January 13, 2021. Bradley Barton, a 52-year-old long-haul truck driver from Ontario on trial for manslaughter, is accused of killing Gladue. THE CANADIAN PRESS/Jason Franson
People stand in support of mother as new trial gets underway in death of Cindy Gladue

Bradley Barton, a long-haul truck driver from Ontario, will now be tried for manslaughter in the 2011 death

(Photo submitted)
RCMP say ice climber seriously injured after reportedly falling 12 metres near Abraham Lake

Police say man’s injuries were serious but not life-threatening

U.S. military units march in front of the Capitol, Monday, Jan. 18, 2021 in Washington, as they rehearse for President-elect Joe Biden’s inauguration ceremony, which will be held at the Capitol on Wednesday. (AP Photo/J. Scott Applewhite)
Biden aims for unifying speech at daunting moment for U.S.

President Donald Trump won’t be there to hear it

Facebook/ The Open Door 24/7 Integrated Response Hub- Wetaskiwin.
Wetaskiwin residents show support for 24/7 Integrated Response Hub

Wetaskiwin residents and City Council members showed support for Hub with positive signs.

Most Read