Laptop Searches: What To Expect At Airports

There are varying levels of security checks at airports, and while it is not common, your laptop may be searched. This could be for a number of reasons, including ensuring the laptop is genuine and not concealing contraband, or to check that the device is in working condition. It is recommended that you keep your devices charged and in working order, and that you arrive at the airport early to allow for any potential delays.

Border control agents can ask for your device passwords

If you are a U.S. citizen, refusing to provide your password will not result in being denied entry into the country. However, you may be detained for a longer period or have your device seized for an extended period before it is returned to you. Similarly, lawful permanent residents with green cards cannot have their entry revoked without a hearing before an immigration judge.

For non-citizens, the consequences of refusing to provide a password can be more severe. Visa holders and tourists from visa waiver countries risk being denied entry if they do not comply with the request. It is important to consult with an immigration lawyer before travelling if you are concerned about device searches and their potential implications.

While you can refuse to provide your password, stating that you do not consent to a search may not prevent border control agents from taking your device. They have the authority to conduct a "cursory search" on the spot or perform a more thorough "forensic" search by downloading the full contents of your device and sending it for further analysis. They may retain your device for up to five days and even longer in certain circumstances.

To protect your privacy, it is recommended to prepare in advance. Here are some precautions you can take:

• Travel with minimal data and devices.
• Use separate devices for travel that do not contain sensitive information.
• Encrypt your devices with strong passwords and shut them down when crossing borders.
• Store sensitive data in secure cloud storage and disable apps connected to cloud-based accounts.
• Turn on airplane mode before crossing border checkpoints to prevent access to cloud-stored data.
• Inform officers if you have privileged or sensitive material on your device, such as attorney-client communications.

It is important to note that the legal landscape regarding device searches at borders is complex and evolving. While the Fourth Amendment prohibits warrantless searches, the government has claimed that this does not apply at the border. The Supreme Court's rulings and lower court decisions have added further complexity to the issue. Therefore, it is advisable to stay informed about the latest laws and policies related to border device searches before travelling.

You can refuse to provide your password, but this may cause delays

When travelling with a laptop, you may be asked to turn it on to prove that it is a functioning device and not a disguised weapon. However, border agents may also ask to search your laptop and other electronic devices for contraband, such as child pornography. This is a highly contested legal issue, and there is no uniform implementation—your experience will depend on the airport and the border control agent.

Border agents are allowed to ask for passwords to unlock your laptop. You can refuse to provide a password, but this may lead to further problems. Agents can detain you and ask you more questions, and if they deem it necessary, they are allowed to seize your devices, make copies of the content, and return the devices to you weeks later (sometimes without any content).

If you are a US citizen, you cannot be denied entry for refusing to provide passwords or unlocking your devices. However, refusal might lead to delays, additional questioning, and/or officers seizing your device for further inspection. The same is true for those who have been admitted to the US as lawful permanent residents (green card holders). Their green cards cannot be revoked without a hearing before an immigration judge.

On the other hand, visa holders and tourists from visa waiver countries run the risk of being denied entry if they refuse to provide a password. They should consider this risk before deciding how to proceed. If an officer does confiscate your device, be sure to get a receipt.

If there is a reasonable suspicion of a crime, agents can conduct a forensic search

In the United States, the Fourth Amendment generally requires that government searches must be reasonable, which is typically satisfied via a warrant. However, searches at the border are given a special status and are deemed "reasonable simply by virtue of the fact that they occur at the border." Border searches are generally allowed without a warrant due to national security interests.

In the case of United States v. Cotterman, the Ninth Circuit Court of Appeals reversed a decision of the District Court of Arizona, which had suppressed evidence found in a laptop seized by border agents. The Ninth Circuit held that comprehensive searches of electronic devices must meet a standard of reasonable suspicion of criminal activity. The court ruled that the forensic examination of a laptop was not an extended border search but that law enforcement must meet a standard of reasonable suspicion to justify the search.

The Ninth Circuit's decision in Cotterman provides some additional Fourth Amendment protection for international travelers. The court emphasized that it was the invasive nature of the search that triggers the reasonable suspicion requirement, not the location. The court noted that electronic devices can store a vast amount of data, including very personal materials such as financial records, confidential business documents, medical records, and private emails.

The Ninth Circuit's ruling in Cotterman distinguishes between detailed forensic searches of technological devices, which require reasonable suspicion, and more cursory manual reviews of the devices, which do not. Manual reviews occur when a law enforcement official simply turns the device on and looks through the files.

Reasonable suspicion is defined as "a particularized and objective basis for suspecting the particular person stopped of criminal activity," assessed in light of "the totality of the circumstances." In the Cotterman case, the government agents based their reasonable suspicion on Cotterman's past convictions for child molestation, his status as a sex offender, and his frequent international travel.

Therefore, if there is a reasonable suspicion of a crime, agents can conduct a forensic search of electronic devices at the border, including laptops. The Ninth Circuit's decision sets an important precedent for balancing privacy rights with law enforcement interests in the context of border searches.

US citizens cannot be denied entry for refusing to provide access to devices

US citizens cannot be denied entry for refusing to provide access to their devices. However, this does not mean that they will not face any consequences for their refusal. While US citizens have a right of entry into the country, refusing to provide access to electronic devices may result in delays, lengthy questioning, and/or officers seizing their devices for further inspection.

US Customs and Border Protection (CBP) claims the right to search and confiscate electronic devices, such as laptops, mobile phones, and digital cameras, upon entry to the United States without any suspicion of wrongdoing. They also claim the right to make a copy of the information found on these devices. If an officer searches or confiscates an electronic device, individuals are advised to write down the officer's name, agency, badge number, and contact number, and request a receipt for their property.

It is important to note that these searches of electronic devices by CBP are rare. In most cases, individuals are only briefly detained and asked a few questions before being allowed to enter the country. However, CBP may refer travelers to "Secondary Screening," a non-public setting where they may be searched or questioned more extensively, possibly by representatives from other federal agencies. Referral to Secondary Screening does not necessarily mean that entry will be denied.

When traveling with electronic devices, it is recommended to keep all chargers in hand baggage and arrive at the airport early. Additionally, individuals should be aware of their basic constitutional rights when entering the United States and know that they cannot be treated differently by CBP agents based on race, religion, or national origin.

The UK and US have restricted carry-on electronic devices to those smaller than a smartphone on flights from certain countries

In March 2017, the US and UK governments banned electronic devices larger than 16cm x 9.3cm (larger than a smartphone) from being carried as hand luggage on flights from certain countries. This restriction was implemented in response to a terrorism threat, with the aim of preventing explosive devices from being smuggled into consumer items. The US ban applied to direct flights to the USA from the following cities:

• Dubai, UAE
• Cairo, Egypt
• Istanbul, Turkey
• Doha, Qatar
• Amman, Jordan
• Kuwait City, Kuwait
• Casablanca, Morocco
• Jeddah, Saudi Arabia
• Riyadh, Saudi Arabia

The UK ban applied to direct flights from the following countries:

• Egypt
• Jordan
• Lebanon
• Saudi Arabia
• Tunisia
• Turkey

These restrictions caused confusion among travellers and airlines, with some airlines initially unsure how to enforce the new rules. The ban impacted business travellers and individuals who required access to their electronic devices during the flight. Alternative options, such as changing routes or carriers, were suggested. There were also concerns about the security of items placed in the aircraft hold, as well as the entertainment options for children and individuals with special needs.

In addition to the device restrictions, the US and UK also announced new security requirements for peripheral devices, such as power cable transformers and external hard drives. These items were prohibited from being carried in the cabin or hold baggage.

It is important to note that these restrictions have affected only certain flights and airlines, and travellers are advised to check with their carrier for specific information. The ban has evolved over time, with Etihad (EY) flights from Abu Dhabi to the USA being exempted from the restrictions as of July 2017.

Frequently asked questions