A federal court today dismissed a lawsuit arguing that the government should not be able to search and copy people’s laptops, cell phones, and other devices at border checkpoints without reasonable suspicion. An appeal is being considered. Government documents show that thousands of innocent American citizens are searched when they return from trips abroad.

“We’re disappointed in today’s decision, which allows the government to conduct intrusive searches of Americans’ laptops and other electronics at the border without any suspicion that those devices contain evidence of wrongdoing,” said Catherine Crump, the American Civil Liberties Union attorney who argued the case in July 2011. “Suspicionless searches of devices containing vast amounts of personal information cannot meet the standard set by the Fourth Amendment, which prohibits unreasonable searches and seizures. Unfortunately, these searches are part of a broader pattern of aggressive government surveillance that collects information on too many innocent people, under lax standards, and without adequate oversight.”

The ACLU, the New York Civil Liberties Union, and the National Association of Criminal Defense Lawyers filed the lawsuit in September 2010 against the Department of Homeland Security. DHS asserts the right to look though the contents of a traveler’s electronic devices, and to keep the devices or copy the contents in order to continue searching them once the traveler has been allowed to enter the U.S., regardless of whether the traveler is suspected of any wrongdoing.

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