Guide · Canada and United States

Secondary inspection and device searches: what CBSA and CBP describe

General information, not official or legal advice. Customs, immigration and border rules change and every situation is different. Check the linked official sources and the agency’s current page before you travel. This site is not affiliated with CBP, the CBSA, DHS or any government.

Steps

1. The CBSA says the law requires you to respond truthfully to all questions and accurately report your goods, and that an officer may ask for detailed information about your plans or the time you spent abroad.^[1]
2. If referred to secondary, the CBSA says the law requires you to present yourself and your goods for examination, and you may be asked to unpack and repack luggage or a vehicle.^[1]
3. If an officer asks for a device, the CBSA says you are obligated to provide the password and that the officer will disable network connectivity.^[3]
4. The CBSA asks that you speak with the supervisor on duty if you have questions, want clarification or have feedback about the service you received.^[1]
5. If goods or devices are detained or seized in Canada, the CBSA says a request for review must be submitted within 90 days of the enforcement action.^[3]

Canada: why you may be referred

The CBSA says that at any point during interactions with officers, you may be referred to a secondary area for further processing or a detailed inspection of your conveyance or goods, and that this is a normal part of the process for citizens, permanent residents and visitors.^[1] Reasons it lists: verifying your declaration and travel documents, in-depth questions, determining admissibility, a random inspection, inspecting goods or conveyance including food, plants or animal products, processing paperwork for currency, cheques or monetary instruments of CAN$10,000 or more, and processing duty and taxes owed. It says officers do not refer travellers on the basis of race, nationality, religion, age or gender.^[1]

Canada: what an officer may do

The CBSA says that in secondary an officer may ask for detailed information about your plans or time abroad; check records; confirm guardianship of children travelling with you; inspect your luggage, purse or wallet, personal digital devices, conveyance and additional goods; visually examine pets; ask for evidence of funds for your visit; ask for receipts for purchases and expenses abroad; and count your cash or traveller's cheques in your presence. The CBSA says "an officer may not always answer specific questions during a secondary inspection."^[1] Canadian law requires you to present yourself, respond truthfully to all questions, accurately report your goods and, if requested, present them for examination, which may include unpacking and repacking.^[1]

Canada: personal digital devices

The CBSA says officers have authority under the Customs Act to examine goods and, for border control purposes, similar authority to examine phones, tablets, laptops and any other device that can store digital documents, and may also examine a device under the Immigration and Refugee Protection Act. It says officers examine devices only if they have indicators or concerns that border laws may have been contravened and the law allows it. The officer asks for the password (writing it on paper if protected), disables network connectivity (for example airplane mode) and usually examines the device in your presence. You are obligated to provide your password when asked; failing to grant access may result in detention or seizure of the device under the Customs Act or IRPA.^[3] Solicitor-client privileged content must stop being inspected, and the device can be set aside for a court. If no contravention is found the device and password paper are returned; otherwise the device may be detained or seized and you can contest through the CBSA Recourse Office, within 90 days. The CBSA states that from 2017-11-20 to 2025-12-31 only 0.007% of all travellers and goods processed had a device examined.^[3]

United States: search authority

CBP says a CBP officer's border search authority derives from federal statutes and regulations, including 19 C.F.R. 162.6, which makes all persons, baggage and merchandise arriving in the US liable to inspection. Unless exempt by diplomatic status, all persons entering, including US citizens, are subject to examination and search. CBP says it is not its intent to subject travelers to unwarranted scrutiny, that officers use discretion and diverse factors to refer people for targeted examination, and that a component of risk management is a completely random referral for a percentage of travelers.^[2] CBP says it is alerted when an inbound traveler has a warrant, that it uses the Interagency Border Inspection System (IBIS) with law enforcement and regulatory personnel from 20 other federal agencies, and that it can collect passenger name record information on travelers entering or leaving the US.^[2]

The page lists CBP Directive No. 3340-049B, Border Search of Electronic Devices, among its search policies; we did not read the directive itself, so we do not summarise its rules.^[2] CBP's tips for returning travelers say officers can inspect you and your belongings without a warrant.^[4]

United States: what to expect

CBP says officers may ask about your citizenship, the nature of your trip, and anything you bring back that you did not have when you left; they have legal authority to search you, your baggage and your vehicle. If you are unhappy with treatment, ask to speak to a CBP supervisor.^[5] For travelers needing an I-94 or paper form at the land border, a paper form requested during inspection is handled in a secondary setting.^[6]

Practical points from the pages

The CBSA says an officer may ask you to produce receipts for purchases made or expenses incurred abroad. It asks that you treat staff in a fair, courteous and respectful manner and recognizes all travellers and goods are subject to review.^[1] For the US, CBP says keeping purchase receipts handy will ease the process.^[5] Trusted traveller membership does not remove inspection: CBP's Global Entry page warns members may still be selected for further examination.^[7] This guide is general information; if you face detention or seizure, seek legal advice.

About this guide

Officers decide at the border; this is general information, not official guidance. travel.tnaado.ca is not affiliated with CBP, CBSA, DHS or the Government of Canada.