Univision News recently interviewed Orlando criminal defense attorney and television legal analyst Jose Rivas about newly heightened immigration security measures, including phone searches at borders. These inspections, conducted by Customs and Border Protection (CBP), have sparked widespread anger and uncertainty over invasive border checks and confusion about CBP search powers.
1. What Are Your Rights During Phone Searches at Borders?
“Your rights are very limited,” Rivas said. “The U.S. Supreme Court has said that there is no expectation of privacy when you enter this country. So if you are not a citizen and don’t cooperate with immigration officers, they can deny you entry and may temporarily detain you for not complying with search requests. Rivas said that when you are an American citizen, they can still detain you temporarily, but they cannot deny you entry.
- U.S. Citizens: While you cannot be denied entry, CBP officers can temporarily detain you and inspect your devices.
- Non-Citizens: You may be denied entry if you refuse to cooperate with CBP officers or if they find any violations during their inspection.
2. Are Phone Searches at Borders Legal?
“The fourth amendment of the constitution, which states that the police or the government cannot take information from you, search your personal belongings without probable cause, does not apply at the border,” Rivas said. “When you are entering the country, customs officers have the right, for security reasons, to inspect your cell phone and other electronic devices for information – including your emails and texts.”
These searches fall into two categories:
- Basic Searches: Officers manually review the contents of your phone without using external tools.
- Advanced Searches: Officers use specialized equipment to access or analyze data stored on your device. Advanced searches require reasonable suspicion and approval from a senior CBP officer.
3. What Data Can CBP Access During a Phone Search?
CBP officers can access any data stored directly on your phone, including messages, photos, emails, and contacts. “However,” Rivas said, “they cannot retrieve cloud-based data, what is called forensic information, unless it is downloaded onto your device at the time of inspection.”
To protect your privacy:
- Remove sensitive information from your phone before traveling.
- Use strong passwords and encryption to secure your device.
- Consider traveling with a separate phone that contains minimal personal data.
4. What Should You Do If Detained Over a Phone Search?
“If you are not a citizen, you have to cooperate with these officials,” Rivas said. “You can later ask to speak with a lawyer, but the reality is that your rights are very limited.”
- Stay calm and cooperate with CBP officers.
- Politely ask for clarification about why you are being detained.
- Request to speak with an attorney if you believe your rights are being violated.
5. How Can You Prepare Your Phone Before Traveling?
You should be prepared for a phone search. “Do not write, send, or have possession of anything you wouldn’t want a judge to read,” Rivas said. “Make sure your phone carries only basic information.
- Delete confidential or sensitive information that could be misinterpreted during an inspection.
- Avoid storing work-related or personal data that could raise questions.
- Use a travel-only phone or laptop with minimal information stored on it.
How an Orlando Criminal Defense Attorney Can Help
An Orlando criminal defense lawyer can help protect your rights and defend against any immigration-related criminal charges. Call 407-644-2466 today to speak with an Orlando criminal defense attorney at the Rivas Law Firm. Don’t wait.
Orlando Criminal Defense Attorney Jose Rivas is a veteran bilingual TV Legal Analyst who has appeared on Univision, Fox News, Telemundo and many other news outlets.