09/26/2026
A few things every Canadian crossing into the U.S. should know now that a U.S. court just ruled border agents can search your phone with zero suspicion!
📍 Where it applies: This ruling is binding in New York, Connecticut, and Vermont — that means JFK Airport and the major upstate NY/VT land crossings. Other U.S. circuits currently apply stricter standards, so the rules aren’t uniform depending on your port of entry.
📱 What “search” means here: This includes an officer manually scrolling through your phone.
🍁Does this change Canadian law? No. A U.S. Court of Appeals decision has zero binding effect in Canada. Our own courts (Alberta in Canfield, Ontario in Pike) have separately ruled that unlimited device searches by CBSA violate the Charter — but Parliament still hasn’t passed legislation to fix it after Bill S-7 died in 2025. So, Canada has its own unresolved version of this fight.
🍁And heads up - CBSA can do the same thing coming back into Canada. No warrant needed (yet), even though courts have said it should require a reason. Parliament just hasn’t caught up.
The bottom line: assume your phone can be searched crossing into the U.S., especially in NY/CT/VT. Consider what’s on your device before you travel.
Questions about how this affects your travel or immigration matter? The immigration team at Deer Lake Law Group can help! Email us at [email protected]