The Risk of Border Searches for Lawyers (Perspective)
Editor’s Note: The author is the Louis Stein Chair at Fordham Law School, where he directs the Louis Stein Center for Law and Ethics . By Bruce A. Green, Fordham Law School The public is accustomed to traveling, including internationally, with electronic devices (cell phones, laptop computers, etc.) that potentially store, or provide access to, vast amounts of personal information. As the Supreme Court recognized in a 2014 decision, Riley v. California , a cell phone holds “detailed information about all aspects of a person’s life,” and consequently “a cell phone search would typically expose to the government far more than the most exhaustive search of a house: . . . a broad array of private information never found in a home in any form – unless the phone is.” Lawyers in particular have grown accustomed to traveling not only with their own information but with clients’ information – attorney-client emails, documents relating to legal representations, etc. Lawye...