The Search of Electronic Devices at the U.S. Border
On February 9th, 2021, reversing what had been seen as a landmark legal victory for civil liberties groups, First Circuit Judge Sandra Lynch ruled in the matter of Alasaad v. McAleenan, finding that both basic and “advanced” searches fall within “permissible constitutional grounds” at the U.S. border.
The dispute centers around the search and temporary detainment of electronic devices by U.S. Customs and Border Patrol and ICE agents, as well as the retention of data found on those devices - even in circumstances where no suspicious activity has occurred.
On Lawyer 2 Lawyer, host Craig Williams is joined by professor Laura K. Donohue, director of Georgetown’s Center on National Security and the Law, to discuss this recent circuit court ruling on electronic device searches at the U.S. border, reaction to the ruling, the First and Fourth Amendments, and next steps.
Special thanks to our sponsor, LEX Reception.