The US Supreme Court has affirmed the authority of Border Agents to conduct warrantless searches of travelers’ electronic devices at the border. The ruling relies upon the so-called “border search exception” to the Fourth Amendment. Countering this move, the Canadian federal government released a travel advisory of its own, warning Canadians to know their rights when traveling to the United States.
The Fourth Amendment of the US Constitution ensures that citizens are free from unreasonable searches and seizures by the government. As introduced, this latest version of the amendment would have continued to bar law enforcement from searching without a warrant. The border search exception gives Border Agents huge leeway to ignore this requirement. This gives them free rein to search our devices with no probable cause required. This exception sprung from national security concerns. According to US law enforcement, these searches are absolutely essential to keeping America safe.
Following the Supreme Court’s decision, the Canadian government has acted. They have revised their US travel advisory to alert international travelers that they may face heightened scrutiny when entering the United States. According to the advisory, Canadians can “expect scrutiny” and should be prepared for their devices to be searched. This outcome illustrates the grave dangers of resisting these searches as well. Without notice, you may be subjected to device seizure, travel-exit delays, or possible denial of entry altogether.
These risks primarily affect non-US citizens. Travelers – take note, deleted photos from a traveler’s personal device may still be used as evidence. This supposed proof is enough to get you deported. Civil liberties groups have long criticized this practice. They decry it as too intrusive and a breach of personal privacy.
The advisory is intended as a call to arms for Canadians who may be travelling to the United States. It shines a light on why it’s crucial to know your rights and what may happen when your devices are searched at the border. The Canadian federal government would like to help Canadians stay aware and take necessary precautions with their electronics when traveling.
