In a number of growing cases, police and customs officials have conducted warrantless searches of laptops and cell phones – the 9^th Circuit U.S. Court of Appeals has even ruled that reasonable suspicion is not required for a customs official to search electronic devices at the border or at international airports.

       Legal searches incident to arrest have included browsing through phone lists and text messages on cell phones which the suspect had on his person when arrested. The Search incident to arrest doctrine was originally designed to protect officers from hidden weapons or from concealing evidence within the suspect’s reach. Thus, containers within the reach of the suspect can be searched without probable cause. It is questionable whether searching through the contents of a cell phone or laptop without a search warrant is permissible but a growing number of cases have allowed the search without probable cause or a warrant.