Illegal Search and Seizure in Airports and Border Crossings

Travel Should Not Mean Losing Your Rights

Anyone who has flown out of JFK or LaGuardia knows the routine: shoes off, bag through the scanner, stand still while a machine hums around you. For most, it’s a hassle. For some, it turns into a nightmare.

We’ve had clients tell us about standing in a security room for hours, watching TSA agents rifle through every piece of clothing they packed. Others have described U.S. Customs officers at international terminals taking cash or electronics without ever explaining why. In those moments, people often feel stripped of dignity, powerless to say no.

But airports and borders don’t erase the Constitution. Even though security is tighter there, your rights don’t vanish at the gate. At Horn Wright, LLP, we push back when government officials cross lines and turn routine travel into a rights violation.

Searches by TSA and Customs Agents in New York

At New York airports, two different agencies usually control searches: TSA handles screenings at the checkpoint, and CBP manages customs inspections for international arrivals. Both operate under federal authority, but state protections still matter.

The Fourth Amendment is the baseline, protecting against unreasonable searches. New York’s own Article I, Section 12 mirrors it and sometimes provides stronger protections. That means travelers in this state often have more tools to challenge abuse than passengers flying through other parts of the country.

The law recognizes the need for security. Luggage can be screened, passengers can be checked for dangerous items. But turning those screenings into open-ended investigations, like seizing devices for weeks without probable cause, crosses the line. And New York courts have shown they are willing to call out those oversteps.

Legal Exceptions for Border and Airport Searches

Airports are treated as “border zones” under the law, which gives TSA and CBP more leeway. Courts call this the border search exception. Routine checks, bag scans, pat-downs, a quick look through customs declarations, don’t require warrants or probable cause.

But there’s a ceiling. In United States v. Flores-Montano, the Supreme Court gave customs wide latitude for simple vehicle searches at borders, but didn’t say “anything goes.” Strip searches, digital forensics, or long detentions often require at least reasonable suspicion.

New York cases have echoed this nuance. If officers are clearly fishing for evidence of crimes unrelated to security, say, scrolling through someone’s phone without limits, judges have said that goes too far. Security is one thing, but using airport searches as shortcuts around constitutional rights is another.

When Exceptions Turn into Rights Violations

This is where most problems happen: the exceptions swallow the rule. Travelers get told “it’s routine” when it’s anything but. We’ve seen laptops copied without warrants, hours-long detentions for carrying cash, and even cases where prescription medication triggered invasive questioning.

The Supreme Court’s decision in Riley v. California, holding that phones require warrants in most circumstances, isn’t technically a border case, but its logic has seeped into airport rulings. Digital devices contain the details of our lives. Treating them like shoes or jackets during screenings is reckless.

New York judges, drawing from both Riley and state constitutional provisions, have questioned CBP and TSA over how far they can push. They’ve suggested that beyond a quick search for threats, more invasive intrusions demand stronger justification.

Vermont Provides Narrower Travel Protections Than New York

Travelers crossing borders in Vermont have fewer safeguards. Courts there tend to defer heavily to federal authority. That means agents can push broader searches with less fear of suppression later.

In New York, the story is different. Judges have interpreted Article I, Section 12 to provide extra weight to privacy concerns, particularly when it comes to digital devices and extended detentions. That difference can determine whether seized evidence sticks in court or gets thrown out.

So, a traveler flying out of Burlington might have fewer options to challenge a phone search than someone leaving JFK. Geography matters, and in New York, the law gives you a stronger hand.

How to Prove Your Search Went Too Far

The proof often comes from the paper trail, or the lack of one. Were receipts given for seized items? Was there documentation of why the search escalated beyond routine screening? Missing paperwork raises red flags.

Lawyers in New York can use CPLR Article 31 to demand search logs, video footage, or inventory records. Inconsistencies between what agents claim and what the evidence shows can be devastating for the government’s case.

Real-world examples drive this home. One client at JFK had cash seized without a receipt. Months later, inventory records didn’t match the amount taken. The lack of consistency was enough to push for return of the funds and expose procedural violations.

Legal Remedies for Airport and Border Victims

When airport or border searches go too far, the law offers remedies. First, there’s suppression. Evidence seized unlawfully can be excluded in criminal trials under the exclusionary rule. Without it, many prosecutions unravel.

Second, victims can sue. Civil rights claims under 42 U.S.C. §1983 let individuals seek damages for constitutional violations. In New York, victims have successfully claimed compensation not just for property loss, but for emotional distress and disruption of travel.

Finally, these cases can spark policy change. Lawsuits and appeals have pushed agencies to refine guidelines for how officers handle electronics, cash, and personal property at checkpoints. Victims who fight back don’t just help themselves, they help shape stronger protections for everyone else.

Horn Wright, LLP, Will Fight for Your Rights in Transit

Getting through security is stressful enough. You shouldn’t also have to worry about officers abusing their authority. At Horn Wright, LLP, we challenge unlawful searches, demand the return of seized property, and file claims when rights are trampled in airports or at borders. If a trip through JFK, LaGuardia, or a New York border crossing ended with your rights violated, our civil rights attorneys will stand up for you and make sure those abuses don’t go unanswered.