Crossing into the U.S. with a phone just got a little riskier. On September 17, the U.S. Court of Appeals for the Second Circuit ruled that border officers don’t need a warrant, probable cause or even reasonable suspicion to search a traveller’s device, MobileSyrup reports. The case involved a U.S. permanent resident whose phone was searched at New York’s JFK Airport.
“Under our precedents, no suspicion is required before the government searches a traveller’s property at the border,” the court wrote. Under previous Customs and Border Protection policy, an “advanced” search, which means plugging in equipment to review or copy a device, required reasonable suspicion of a crime or a national security concern.
Searches are still rare. CBP reported 55,424 device searches among 419 million international travellers in 2025. But the ruling applies to everyone entering the U.S., Canadians included.
What the Canadian government already tells travellers:
- U.S. officers can search phones, laptops and tablets without giving a reason.
- Refusing can mean your device is seized or you’re denied entry.
Why it matters: For Canadians who travel for work, a phone holds client data, company email and two-factor codes. Practical steps: travel with less on your device, log out of sensitive apps, and consider a separate travel phone. Lawyers and security experts recommend one if you can’t risk exposure.
