Phone Searches at the Airport

The “Border Search Exception”

Normally, police need a warrant to search your phone (Riley v. California).

However, this does not apply at the border. When you are entering the US (at an airport, seaport, or land crossing), CBP claims the authority to search anything you bring with you—including your laptop and phone—without a warrant.

Passwords vs. Biometrics (Face/Fingerprint)

This distinction is critical legally.

Biometrics (Fingerprint/FaceID)

• The Risk: Legally, courts are split, but agents can often physically force you to use your finger/face to unlock a device, or courts may order it more easily.
• Tactical Advice: Disable FaceID and TouchID before your flight lands. Set your phone to require a passcode only.

Passcodes (Numbers/Letters)

• The Law: Providing a passcode is “testimony” (something you know). The 5th Amendment (right against self-incrimination) gives you stronger protection here.
• The Reality: If you refuse to give the passcode:
  1. They cannot physically force the words out of your mouth.
  2. BUT: They can seize your device and hold it for months (forensic analysis).
  3. AND: If you are not a US Citizen (e.g., Green Card or Visa), they may deny you entry for “non-cooperation.”

Best Practices for Travelers

1. Travel “Clean”: If possible, take a “burner” phone or laptop with no sensitive data.
2. The Cloud: Data stored only in the cloud (not on the device) is generally safer. Turn off sync. CBP is supposed to only search data on the device, not download things from the cloud.
3. Encryption: Ensure your device is fully encrypted (FileVault for Mac, BitLocker for Windows).
4. Airplane Mode: Turn it on. This prevents remote wiping but also stops the device from syncing new messages that could be searched.

Warning for Non-Citizens: Refusing to unlock a device can be risky for Visa holders. It can be grounds for denying entry. Consult an attorney before frequent travel.