At airports and other points of entry into the U.S., the Department of Homeland Security (DHS) may search and seize laptops, cameras, mobile phones, and storage media from people arriving into the country with “reasonable suspicion.” The DHS Office for Civil Rights and Civil Liberties has concluded that the policies for these searches comply with the First Amendment and the Fourth Amendment and, therefore, do not violate civil rights. Travelers can refuse to give passwords to access the devices, but these individuals can be detained or their computers and devices can be confiscated if they do not comply with the requests. Opponents have argued that the storage media in the laptops and mobile phones is like memories stored in the brain and is not a physical object. They claim that the government should be able to inspect the hardware but not the contents of storage without a warrant.
Locate websites that discuss lawsuits challenging the border agents’ power to conduct digital searches without reasonable suspicion of illegal activity. In doing your research look for:
Why plaintiffs believe these searches violate civil liberties.
Find why the government believe the searches help combat terrorism and criminal activity.
Find out how many travelers are subjected to secondary searches daily, and if so, how many face searches of their electronic devices.
USE CITATATION AND QUOTES
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