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The Border Search Protocol (BSP) guideline instructs officers to prohibit people from entering the United States if a CBP officer at the border...cited a single example where a person who was previously cleared for entry in the country could not enter because he had an arrest warrant, and a dozen others where CBP officers may deny entry based on the nature of the alleged crime, including drug trafficking, espionage, and fraud. Although officers may not search a travelers property with a warrant before the traveler has been cleared for entry, the BSP instruction manual encourages officers to search electronic devices such as laptops and smart phones before entry. Officers may retain data retrieved from devices. Data collected and retained may include files containing evidence of a crime, including child pornography, and files that may contain national security information. Officers may copy data, including the contents of hard drives, even if the original is destroyed.


Just like in the past, border agents may not be able to seize and search items of a person that are stored remotely, such as in the cloud or a smartphone. The Supreme Court ruling is equally applicable to smartphones. However, it does not apply to security information on devices that are not under the officers control or not touched by the officers. These devices may include the keyboards in a laptop computer, the hard disk drive in a desk top computer, and the search function on a cell phone.


CBP does not follow protocol when searching a smart device. For example, officers who download information from a smart deviceand then delete it, are not required to retain the information. CBP does not always hold the device for the maximum amount of time. A CBP agent can hold a device for up to 10 days, with the maximum number of days being five. The maximum number of days can be extended if CBP determines that the information is relevant to immigration, customs, or enforcement matters. 84d34552a1