On September 13, 2017, ten U.S. citizens and one lawful permanent resident sued the Department of Homeland Security (DHS) in federal court (D. Mass) challenging searches and seizure of travelers’ personal electronic devices in violation of privacy and free speech protections of the U.S. Constitution.

Allegedly, U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) search the mobile electronic devices pursuant to policies that do not require a warrant, probable cause, or even reasonable suspicion that the device contains contraband or evidence of a violation of immigration or customs laws. Four Plaintiffs were subjected to confiscation and prolonged seizure of their electronic devices at the U.S. border.

According to the complaint, Plaintiffs are suffering ongoing harm due to CBP’s and ICE’s retaining content  from their devices cloud- based accounts and social media.

Plaintiffs alleged two counts. First, violation of the First Amendment by searching the content of the electronic devices, “absent a warrant supported by probable cause that the devices contain contraband or evidence of a violation of immigration or customs laws, and without particularly describing the information to be searched.”

Second, violation of the Fourth Amendment  by confiscating travelers’ electronic devices, “for the purpose of effectuating searches of those devices after travelers leave the border, absent probable cause that the devices contain contraband or evidence of a violation of immigration or customs laws.”

Plaintiffs asked the Court to declare such practices unconstitutional with award of attorney’s fees and costs.

Alasaad et al v. Duke et al (1:17-cv-11730), Massachusetts District Court is available at https://www.eff.org…

To better understand your constitutional rights as traveler, contact Francesca Giannoni-Crystal and Craig Dobson