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Courts Grapple With Whether Searches of Electronic Data At the Border Are ‘Routine’ or Non-Routine’?

The Supreme Court has created a legal framework of Fourth Amendment rights at the border which distinguishes between “routine” and “non-routine” searches. The distinction creates uncertainty, espoecially when it comes to data on electronic devices.

10 minute read February 01, 2026 at 12:07 AM
By
Elkan Abramowitz and Jonathan Sack
Courts Grapple With Whether Searches of Electronic Data At the Border Are ‘Routine’ or Non-Routine’?

White-collar criminal cases commonly depend on documents, and these days documents such as emails and text messages are stored on electronic devices.

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