Yes, Customs and Border Protection (CBP) has the ability to search your phone or other electronic device at the border.

The Fourth Amendment provides for “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

However, an exception exists for searches done at the border. This border search exception allows for federal officers to conduct routine, warrantless searches of persons and items entering and departing the United States at the border without reasonable suspicion or probable cause of unlawful activity. 

Section 287(a)(3) of the Immigration and Nationality Act permits warrantless searches of vehicles and vessels “within a reasonable distance from any external boundary of the United States”. 

The issue of what constitutes a “reasonable distance” has been directly addressed by the Supreme Court. In Almeida-Sanchez v. United States, 413 U.S. 266 (1973), a Mexican citizen was subject to a vehicle search by CBP 25 miles from the border. The search was conducted without probable cause and without consent. The Supreme Court held that the warrantless search was a violation of the Fourth Amendment because individuals have greater protections under the Fourth Amendment inside the United States as opposed to right at the border when entering. See also United States v. Flores-Montano, 541 U.S. 149, 154 (noting that "the expectation of privacy is less at the border than it is in the interior"). 

Based on the holding in Almeida-Sanchez, we can therefore surmise that searches directly at the border, when a person is entering or leaving the United States are allowable without a warrant for national security reasons and to ensure adherence to immigration, customs, and federal law. The further a person enters into the United States, the greater their Fourth Amendment protections are. 

How likely am I to have my phone or other electronic device searched?

While it is possible to have your phone searched by CBP, it is rare. CBP reports that in FY2025 (October 1, 2024-September 30, 2025), less than 0.01% of 419 million international travelers were subjected to a search of their electronic device. 

What does an electronic search entail? 

On January 1, 2026, U.S. Customs and Border Protection (CBP) published CBP Directive 3340-049B, Border Search of Electronic Devices. The Directive provided updated guidelines related to the search of electronic devices at the border.  This is the first update to the guidelines since 2018. Below, you  will find a summary of the pertinent guidance.

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If CBP chooses to conduct a search of your electronic device, they may do so with any device that could contain information in electronic or digital form, including but not limited to:

•    Computers
•    Tablets
•    Disks
•    Drives
•    Tapes
•    Flash drives
•    SIM cards
•    Global Positioning Systems (GPS)
•    Unmanned aircraft systems (drones) 
•    Vehicle infotainment systems
•    Smart watches
•    Mobile phones and other communication devices
•    Cameras
•    Music and other media players.

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One of two types of searches may take place – a basic search or an advanced search.

A basic search involves a review and/or analysis of any digital information on the device being searched and documenting that information. On the other hand, an advanced search involves CBP connecting a piece of wired or non-wired equipment to the device in order to search the information on that device. The owner of the device will be present for the search except for in cases of national security concerns, though CBP is not required to allow them to observe the search itself as it is happening.

A basic search can be conducted without any reasonable suspicion. However, an advanced search may only be conducted when there is reasonable suspicion of illegal activity or when there is a national security concern. Any findings and observations from the search will be documented by CBP. All factors leading to an advanced search will be documented as well.

The search will only include review of only information on the device and accessible through the device's operating system or through other software, tools, or applications. Officers are not permitted to access remotely stored information through the device and should  request that you disable connectivity to any network ( e.g., by placing the device in airplane mode and disabling Bluetooth and Wi-Fi connections) or where warranted by national security, law enforcement, officer safety, or other operational considerations, officers will themselves disable network connectivity. Officers are also instructed to be careful as to not make any changes on the device during the course of their search.

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CBP takes efforts to safeguard any information seized, copied, or retained in their searches. If your device has any confidential or privileged documentation on it – such as attorney work product, attorney-client privileged information, medical records, or business/commercial information – then CBP has instructions to separate the information and handle the situation under applicable CBP directives and federal law. Any information not deemed confidential or privileged may be maintained by CBP when there is probable cause to suspect contraband or illegal activity. Without probable cause, only information relating to immigration, customs, and other enforcement matters can be maintained. Information is generally maintained for a period of 21 days.

Information gathered during searches may be shared with federal, state, local, tribal, territorial, and foreign law enforcement as deemed necessary. 
Travelers are obligated to provide the devices requested if CBP chooses to conduct a search. They will be requested to provide the password and any other data needed for accessing the device. Any devices that are unable to be accessed due to password protection or encryption may be detained by CBP for no more than five business days in most circumstances.

If your device has been searched by CBP, you should have received information on how to obtain more information about the search and how to report any grievances with the search.