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CBP Policy of July 16 on computer and information searches

By John Wesley Hall, Jr.

Customs adopted July 16th its Policy Regarding Border Search of Information, on the CBP website. This document memorializes the case law on searches of laptop computers, electronic media, and information except that it reaches into attorney-client privileged information, ostensibly only searchable if there is reason to believe that it is evidence of a crime. And then the USAO gets involved in the privilege issue. A. Purpose CBP is responsible for ensuring compliance with customs, immigration, and other Federal laws at the border. To that end, officers may examine documents, books, pamphlets, and other printed material, as well as computers, disks, hard drives, and other electronic or digital storage devices. These examinations are part of CBP's long-standing practice and are essential to uncovering vital law enforcement information...continue to full post

Full post as published by Fourth Amendment on August 06, 2008 (boomark / email).