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SHUT UP. CALL SAUL BIENENFELD, TOP NY STATE & FLORIDA CRIMINAL DEFENSE ATTORNEY. (212) 363-7701 | https://www.bienenfeldlaw.com

Can U.S. border agents really search your phone? What happens if you refuse to give them your password?

NYC Criminal Defense Attorney Saul Bienenfeld explains the border search exception — a rule that lets Customs & Border Protection inspect your devices when you enter or leave the U.S. Learn why the Fourth Amendment doesn’t fully apply at borders, what agents are looking for, and how refusing to unlock your phone can impact both U.S. citizens and non-citizens.

Viewers will learn:

What rights you have when agents take your phone

Why “deleted” texts and photos can still be recovered

What evidence can and can’t hold up in court

Why calling a lawyer immediately matters

Chapters
0:00 – Intro: Saul Bienenfeld, Criminal Defense Attorney
0:09 – What is a border search?
0:15 – Fourth Amendment limits at the border
0:27 – Everything can be searched
0:30 – Why customs searches happen
0:43 – What about electronic devices?
0:47 – Your cell phone holds everything about you
1:10 – Can cell phones be searched? Yes
1:15 – What typically happens during a border phone search
1:30 – Agents put phones in airplane mode
1:42 – What agents look for (child porn, cash, stolen goods)
2:00 – Penalties for child pornography
2:08 – What rights do you have?
2:18 – As a U.S. citizen: password rights, confiscation risk
2:31 – Breaking into phones, warrant uncertainty
2:50 – Initial vs. deeper phone searches
3:09 – Deleted data is never really deleted
3:27 – Risk of arrest from extracted data
3:29 – Best advice for U.S. citizens: don’t give password
3:38 – Non-citizens: denied entry + confiscation
3:55 – U.S. citizens: must be let in, not guaranteed phone back
4:00 – Best course of action: give phone, not password, call lawyer
4:19 – Legal strategies: suppressing evidence in court
4:32 – Border phone searches: evolving legal issue
4:45 – More rulings expected across the U.S.
4:50 – Final advice: if your phone is searched, call Saul


The Law Offices of Saul Bienenfeld, P.C. has been defending clients for over 35 years in some of the most serious and sensitive criminal cases in New York and Florida.

Saul Bienenfeld is a former NYC prosecutor who now fights for the accused, using insider knowledge of how cases are built to dismantle the prosecutor's approach from day one.

On this channel, you’ll find clear, direct legal guidance from a lawyer who’s been on both sides of the courtroom. Whether you’re facing charges, under investigation, or trying to protect your rights, this channel is designed to give you real answers—not legal fluff.

Q: Can border patrol search my phone at the airport?
A: Yes. Border agents can inspect your phone and other devices without a traditional warrant.

Q: Do I have to give CBP my phone password?
A: U.S. citizens do not have to provide passwords, but refusal often leads to device confiscation.

Q: What happens if I’m not a U.S. citizen?
A: Refusal may result in denial of entry into the U.S.

Q: Can evidence from a border phone search be suppressed?
A: Sometimes. Courts may throw out evidence if agents exceeded legal limits during the search.

Legal Disclaimer:

The information in this video and on this channel is provided for informational purposes only. It does not constitute legal advice, create an attorney-client relationship, or guarantee any outcome. Legal situations vary widely, and you should consult an attorney directly to discuss your specific case.

Watching a video or submitting a message does not create a lawyer-client relationship. Confidential consultations are available by phone at the number above.

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