Legislators Move to Cut Down Border Seizures of Travelers' Laptops
When can the government search you and seize your belongings—like laptop computers and digital cameras—without any actual evidence to show that you're, you know, a criminal? When you're trying to re-enter the country (even if you're a U.S. citizen, by the way).
As my colleague Alex Kingsbury reports, though, some members of Congress are trying to tighten the laws to protect U.S. citizens from unwarranted government intrusion. Stay tuned.
Tags: Department of Homeland Security | computers | Congress | travel | laptops | Customs and Border Protection
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Reader Comments
Privacy
While Mr Eberwein's post is generally correct (I am a lawyer) and not bad advice for the harried traveler, I am troubled by his repetition of claim most often to justify unwarranted government intrusion into the privacy of law abiding citizens, "If you don't have anything to hide, what's the problem?"
The problem is that history (our own included) has repeatedly demonstrated that rights which are not zealously guarded, or which are meekly surrendered, cease to be rights before you know it. Rights surrender during purported crises, are only slowly, if ever, regained.
As Benjamin Franklin stated ""They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
Special Circumstances
Using the US Constitution to shield your frustration about an inconvenience is rather lame. Here is the reality of life in these circumstances.
There are exceptions to that provision as upheld by the US Supreme Court and Congressional Law. No, I don't have any special cites for these comments but I do know what the Customs Laws say on this matter. My knowledge base is the number of times I have crossed the border in the over thirty years I have lived immediately adjacent to Mexico and the previous twenty I served in the US Military often on as many sa twenty official trips overseas annually.
The US Customs and Border Protection Agency is empowered with the authority to stop, detain and acertain the citizenship and materials in posession of anyone reasonably believed to have entered the USA. This authority extends for 25 air miles from the border of the USA and any other nation.
That said, their serach can be for any item that is prohibited from entry or not listed on the US Customs Declaration (form or verbal statement) made upon entry. Thus the right to examine suitcases for products, computers and cameras for documents or photos that are illegal to import or undeclared.
And, it may take hours or days to get back on your way if they had to get a search warrant for every single bag, computer or camera to be searched. They can also detain you until after the search is completed. To a traveller that objects I offer this piece of advice, weigh the options. If you cooperate with the inspection it will go well; if you don't be prepared to miss your connections, as the Customs officials can search; nothing says they have to slow down everyone who is cooperating to wait on you. So, you wait until there is time to deal with your special situation.
If you don't have anything to hide, what's the problem?
No! I am not, nor never was, a Federal Agent.
I get as frustrated as anyone else when I am delayed due to these type things. But, I am travel savvy enough to accept the minor inconvenience. Where I do get upset is when my total travel is jeprodized by a long delay and connections are missed as a reesult. That has only happened once in over fifty years of international travel.
Unreasonable Search and Siezure
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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