Assignment on Lawsuit Challenging the Border agents’ Power to Conduct Digital Searches

Alasaad v. McAleenan: Federal District Court Rules Suspicionless Searches of Smart Phones at U.S. Ports of Entry Unconstitutional

            It is important for people to know about their constitutional rights, and when it comes to border searching, the rights and privacy of the public are compromised in the name of security searches. In one such incident, a case was filed against the U.S border force. The American Civil Liberties Union filed the case on behalf of 11 people, who were traveling to the United States. Out of these 11 travelers, 10 travelers were American citizens. It was found that at U.S ports of entry, their smartphones and laptops were searched by the forces without having any suspicion (ACLU.org, 2018). It is important to mention here that the Fourth Amendment of the U.S Constitution provides such kind of rights to the American citizens, where their privacy should not be compromised. It is clearly mentioned in the Fourth Amendment that seizure, as well as, searches cannot be made without having a warrant. It has been observed that only in 2018, the number of search of electronic devices made by the Customs and Border Protection (CBP) was 33000 (Goldman, 2020)

            The plaintiffs of the case believed that security forces don’t have any right to breach their privacy by asking for passwords for electronic devices, especially, when there is no suspicious thing. On the other hand, the government believes that these searches are critical to combat terrorism and any other illegal activities. But the court did not agree with the viewpoint of the government, the ruling was made in the favor of 11 travelers, and it was said that Suspicionless searching electronic devices at U.S ports of entry, as well as, Airports is against the Fourth Amendment of the U.S Constitution. So, it is now important for government law and enforcement agencies to establish the fact that there is enough suspicion available for an individual to search his/her electronic and digital devices. If there is nothing to be suspicious, then the search is not allowed with any given claims (Handeyside , Bhandari , & Wessler , 2019).

References of Lawsuit Challenging the Border agents’ Power to Conduct Digital Searches

ACLU.org. (2018). ALASAAD V. MCALEENAN: CHALLENGE TO WARRANTLESS PHONE AND LAPTOP SEARCHES AT U.S. BORDER. Retrieved April 5, 2020, from https://www.aclu.org/cases/alasaad-v-mcaleenan-challenge-warrantless-phone-and-laptop-searches-us-border?redirect=cases/alasaad-v-duke-challenge-warrantless-phone-and-laptop-searches-us-border

Goldman, N. (2020). Alasaad v. McAleenan: Federal District Court Rules Suspicionless Searches of Smart Phones at U.S. Ports of Entry Unconstitutional. Retrieved April 5, 2020, from https://jolt.law.harvard.edu/digest/alasaad-v-mcaleenan-federal-district-court-rules-suspicionless-searches-of-smart-phones-at-u-s-ports-of-entry-unconstitutional

Handeyside , H., Bhandari , E., & Wessler , N. F. (2019). Federal Court Rules That Border Officers Can’t Arbitrarily Search Our Electronic Devices. Retrieved April 5, 2020, from https://www.aclu.org/news/immigrants-rights/federal-court-rules-that-border-patrol-cant-arbitrarily-search-our-electronic-devices/