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A6 U.S. NEWS
Friday 3 May 2019
U.S. searches of phones, laptops at airports rising, suit says

By DEB RIECHMANN judge to rule in their favor
WASHINGTON (AP) — U.S. without a trial. "Travelers'
government searches of devices contain an ex-
travelers' cellphones and traordinary amount of high-
laptops at airports and bor- ly personal information that
der crossings nearly qua- the government can easily
drupled since 2015 and search, retain, and share,"
were being done for rea- it argues.
sons beyond customs and "This new evidence reveals
immigration enforcement, that the government agen-
according to papers filed cies are using the pretext
Tuesday in a federal law- of the border to make an
suit that claims scouring the end run around the First
electronic devices without and Fourth Amendments,"
a warrant is unconstitution- said ACLU attorney Esha
al. Bhandari. "The border is not
The government has vigor- a lawless place. ICE and
ously defended the search- CBP are not exempt from
es, which rose to 33,295 in the Constitution and the
fiscal 2018, as a critical information on our elec-
tool to protect America. tronic devices is not devoid
But the newly filed docu- of Fourth Amendment pro-
ments claim the scope of tections. We are asking the
the warrantless searches In this March 26, 2019, file photo, an airline passenger walk in the arrivals terminal at Dulles Inter- court to stop these unlawful
has expanded to assist in national Airport in Dulles, Va. searches and require the
enforcement of tax, bank- Associated Press government to get a war-
ruptcy, environmental and rant."
consumer protection laws, presented the court shows and search by customs of- a warrant based on prob- The court documents claim
gather intelligence and that the scope of ICE and ficials, unless exempted by able cause before search- that the agencies also as-
advance criminal investi- CBP border searches is un- diplomatic status. The de- ing electronic devices at sert the authority to search
gations. constitutionally broad," said partment has contended U.S. ports of entry. electronic devices when
Agents with U.S. Customs Adam Schwartz, senior staff that no court has conclud- The plaintiffs also are de- the subject of interest is
and Border Protection and attorney for the EFF, based ed that border searches of manding the government someone other than the
U.S. Immigration and Cus- in San Francisco. electronic devices require expunge from investigatory traveler, such as the busi-
toms Enforcement con- "ICE and CBP policies and a warrant. Searches, some databases information ob- ness partner of someone
sider requests from other practices allow unfettered, random, have uncovered tained in past searches. ICE under investigation. Both
government agencies in warrantless searches of evidence of human traf- and CBP share information agencies also allow offi-
determining whether to travelers' digital devices ficking, terrorism, child por- taken from travelers' elec- cers to retain information
search travelers' electronic and empower officers to nography, visa fraud, ex- tronic devices with other from travelers' electronic
devices, the court papers dodge the Fourth Amend- port control breaches and agencies and there is con- devices and share it with
said. They added that ment when rifling through intellectual property rights trol to prevent them from other government entities,
agents are searching the highly personal information violations, according to the impermissibly retaining it, including state, local and
electronic devices of not contained on laptops and department. they argue. foreign law enforcement
only targeted individuals phones," he said. The original case was filed A year ago, U.S. District agencies, the court papers
but their associates, friends The Department of Home- on behalf of 10 American Judge Denise Casper in claim.
and relatives. land Security did not re- citizens and a lawful per- Boston rejected the gov- The plaintiffs also say that
The new information about spond to a request for manent resident from sev- ernment's request to dismiss travelers who have had
the searches was included comment. Both ICE and en states — including two the lawsuit, allowing the their electronic devices
in a motion the Electronic CBP said they did not com- journalists, a NASA engi- case to move forward. The searched at the border
Frontier Foundation and ment on pending litigation. neer and a former Air Force ACLU and the foundation run increased odds of be-
the American Civil Liberties When the suit was filed captain — who alleged began gathering docu- ing subject to future device
Union filed Tuesday in U.S. against the government in the searches violated their ments and deposition tes- searches as they can be
District Court in Massachu- 2017, DHS officials said U.S. constitutional rights. They timony. Based on the new flagged in government da-
setts. citizens and everyone else asked the court to rule that information, they filed a tabases for additional scru-
"The evidence we have are subject to examination the government must have motion Tuesday asking the tiny on that basis.q
Cocaine deaths up in U.S., and opioids are a big part of it

By MIKE STOBBE third between 2016 and opioids. Nearly 48,000 involved at rate, but the largest relative
NEW YORK (AP) — Cocaine 2017. But deaths involving co- least one type of opioid. increases were seen in Wis-
deaths have been rising The increase at least partly caine alone also increased, About 28,000 deaths in- consin and Maryland.
in the U.S., health officials reflects trends in deaths said Lawrence Scholl of the volved fentanyl or some The new report goes
said Thursday in their lat- from heroin, fentanyl and Centers for Disease Control other kind of synthetic opi- through 2017, the last year
est report on the nation's other opioid drugs. Many and Prevention, one of the oid, 15,500 involved heroin, for which complete statis-
deadliest drug overdose overdose deaths involve study's authors. and 14,500 involved pre- tics are available.
epidemic. several different drugs. The The researchers did not look scription opioid painkillers. Some preliminary data
After several years of de- CDC researchers found at why cocaine deaths Just under 14,000 involved from CDC suggests that
cline, overdose deaths in- that nearly three-quarters have been increasing. cocaine, according to the deaths from cocaine con-
volving cocaine began ris- of the deaths involving co- Health officials say about new report. tinued to rise early in 2018
ing around 2012. And they caine in 2017 were among 70,000 Americans died of Ohio was the state with but may have leveled off
jumped by more than a people who had also taken drug overdoses in 2017. highest cocaine death last summer. q