A September ruling treats cellphones as property under the border-search exception, but it does not give TSA blanket authority to browse passengers’ data.
By Presence News | October 15, 2026
A recent federal appeals court decision has brought attention about the government’s power to search travelers’ cellphones. But describing the decision as a new law allowing TSA to search any phone because it is property misses a critical distinction: the ruling concerns international border searches.
On September 17, the U.S. Court of Appeals for the Second Circuit ruled in United States v. Alisigwe that a manual cellphone search at the border did not require a warrant or reasonable suspicion. The majority applied longstanding rules permitting searches of property entering the country.
“Because a cellphone is property,” the majority wrote, existing precedent did not require reasonable suspicion before its search at the border.
The decision interprets the Constitution; it is not a newly enacted federal statute.
TSA screening and border inspections serve different purposes
The Transportation Security Administration screens passengers and belongings for aviation security threats. U.S. Customs and Border Protection conducts border inspections, including at international airports.
TSA’s published guidance states that it does not read or copy information from passengers’ electronic devices. Physical security screening of a phone should therefore be distinguished from reviewing its messages, photos or files.
For a traveler, the relevant question is more specific than whether an encounter happens inside an airport: Is the device undergoing aviation security screening, or is it part of an international border inspection?
Why the property argument matters
The Alisigwe majority treated the manual search as routine under the border-search exception. Judge Gerard Lynch agreed with the judgment but disputed allowing such searches without individualized suspicion, emphasizing the sensitive information phones contain.
That disagreement illustrates the privacy question behind the ruling: how should rules developed for physical belongings apply to devices that hold extensive records of a person’s life?
Basic searches and advanced searches differ
CBP’s electronic-device policy distinguishes between basic and advanced searches. A basic search can involve an officer manually examining information stored on a device without individualized suspicion.
Advanced searches involve external equipment used to copy or analyze device contents. CBP policy generally requires reasonable suspicion of a violation of laws it enforces or administers, or a national security concern, along with supervisory approval. The January 2026 directive also specifies that using equipment solely to make contents accessible does not, by itself, make a search advanced.
CBP policy limits border device searches to information resident on the device. Officers are directed to disable network connectivity to avoid accessing information stored only remotely. Locally stored or cached information can still be examined.
Agency policy and constitutional requirements are distinct, and the legal standards can depend on the jurisdiction and type of search.
The September decision supports substantial government authority over manual phone searches at the border. It should not be presented as a nationwide law authorizing TSA officers to browse everyone’s phone during ordinary airport screening.
Sources
- Second Circuit: United States v. Alisigwe, September 17, 2026
- TSA: What Can I Bring?
- CBP: Border Search of Electronic Devices
- CBP Directive 3340-049B, January 2026