Written by Attorney Kensley Barrett
March 28th, 2025

Individuals crossing an international border, such as Boston Logan International or TF Green International, into the United States may be subject to a search of their electronic devices—even without a warrant or reasonable suspicion. Under the border search exception, U.S. border agents can inspect phones, laptops, and other digital devices as part of routine screenings. However, travelers should be aware of their rights and take steps to protect their personal information.

What You Need to Know About Border Searches

Routine vs. Non-Routine Searches

Routine searches (e.g., inspecting luggage or scrolling through a phone) require no suspicion of wrongdoing.

Non-routine searches (e.g., forensic imaging or retention of a device) typically require reasonable suspicion but not a warrant.

Types of Electronic Device Searches

Manual searches: Agents may scroll through emails, texts, photos, or other readily accessible information on a device.

Advanced searches: A device may be seized, forensically imaged, and retained for further review.

Your Rights and Options

• You are not required to unlock your device or provide passwords, though refusal may result in device seizure.
• U.S. citizens cannot be denied entry for refusing to comply, but lawful permanent residents and foreign nationals may face additional consequences.
• You may ask for a receipt if your device is seized and seek legal counsel if necessary.
• You can ask to consult with a lawyer if a custodial interrogation commences by law enforcement agents.

How to Protect Your Data When Traveling

1. Minimize Sensitive Data
   • Carry only necessary devices. If possible, use a temporary phone or laptop with minimal personal information.
   • Remove confidential files or sensitive personal data before travel.
2. Use Strong Security Measures
   • Enable encryption on your devices to protect stored data.
   • Use complex passwords instead of biometric authentication (e.g., fingerprints, facial recognition), which can be compelled by law enforcement.
3. Back Up Your Data and Use Cloud Storage
   • Store important files in secure cloud storage instead of locally on your device.
   • Consider signing out of accounts or using a separate travel profile.
4. Be Mindful of Social Media and Communications
   • Border agents may review your social media presence and messages.
   • Delete unnecessary apps or messages before travel if concerned about privacy.

What to Do If Your Device Is Searched or Seized

1. Stay Calm and Polite: Confrontation can escalate the situation.
2. Ask Questions: Clarify why the search is being conducted and whether you are required to comply.
3. Document the Interaction: Take note of the agents' names and details of the search.
4. Seek Legal Assistance from Marin Barrett and Murphy: If your device is seized, you should contact an attorney at Marin Barrett and Murphy for legal advice.

Final Thoughts

The expansion of electronic device searches at the border raises significant privacy concerns. While you may not always be able to avoid a search, taking proactive steps can help safeguard your personal and professional data. Understanding your rights and preparing accordingly will make your travel experience smoother and more secure.