NACDL - Riling Up the Border Search Doctrine: Litigating Searches of Digital Content at Our Ports of Entry

Riling Up the Border Search Doctrine: Litigating Searches of Digital Content at Our Ports of Entry

In Riley v. California, the U.S. Supreme Court held that law enforcement must obtain a warrant to search digital information on cellphones that are seized during a lawful arrest. Does the Riley holding prohibit warrantless searches of digital devices at the border or ports of entry? Customs & Border Protection has continued its practice of searching laptops and computers at the border without a warrant and, in many cases, without any suspicion. Aisha Dennis provides an overview of Riley and litigation post-Riley. She includes takeaways to assist attorneys who may be litigating this issue.