No suspicion needed for laptop searches at U.S. border

American customs officers don’t require “reasonable suspicion” to search files on laptop computers carried by travellers seeking entry into the United States, a U.S. Court of Appeals in California has ruled.

The decision, reported this week by Computerworld, overturns an earlier lower court ruling that held that “reasonable or particularized suspicion” should precede such searches. The U.S. government successfully appealed that ruling, claiming the standard doesn’t apply at border points.

Supporting arguments compared laptops to long-accepted suspicion-free searches of briefcases, purses and wallets.

In February, two American civil liberty groups filed a lawsuit based on complaints about excessive searches of data on laptops, cell phones and other personal electronic storage devices.

Some travellers have complained about customs officers copying files and cell phone directories without providing any explanation of their actions.

Issues around laptop searches arose in 2005 when a man was charged with transporting child pornography on his laptop following a secondary screening at Los Angeles International Airport.

The accused subsequently filed a motion requesting suppression of evidence against him on the grounds that the search had been unreasonable and unwarranted.