U.S. Border Refusal, Expedited Removal & Reentry Law
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Can CBP Search Your Luggage at the U.S. Border?

BAGGAGE SEARCHES AT U.S. PORTS OF ENTRY

Can CBP Search Your Luggage at the U.S. Border?

Yes. Federal customs regulations expressly provide that persons, baggage and merchandise arriving in the United States from abroad are subject to inspection and search by CBP. This authority applies during the border inspection process and can include carry-on baggage, checked baggage and containers presented with the traveler.

CBP May Inspect

  • Carry-on bags
  • Checked baggage
  • Suitcases and containers
  • Merchandise and personal effects
  • Items found inside baggage

Federal Regulations Expressly Cover Baggage

19 C.F.R. §162.6 states that persons, baggage and merchandise arriving in the customs territory of the United States from abroad are liable to inspection and search by a customs officer.

A traveler should not assume that a locked suitcase, checked bag or prior screening by an airline prevents CBP from examining baggage at the U.S. border.

Border Search Authority Is Different From an Ordinary Inland Search

CBP exercises longstanding border-search authority when examining travelers and property crossing the international border. Routine border inspection therefore operates under legal rules different from ordinary law-enforcement searches conducted away from the border.

U.S. Citizens Are Also Subject to Customs Inspection

CBP states that all travelers crossing the U.S. border are subject to inspection. Citizenship does not eliminate the customs examination of baggage and merchandise.

A Baggage Search Does Not Automatically Mean CBP Suspects a Crime

Travelers can be referred for additional inspection for many reasons, including documentation questions, customs issues, alerts, random selection or officer discretion.

The fact that CBP opens a suitcase therefore does not by itself establish that the traveler is under criminal investigation.

CBP Can Examine Items Relevant to Immigration as Well as Customs

During border inspection, property in a traveler’s baggage can become relevant not only to customs declarations but also to the purpose of travel or admissibility. For example, business documents or equipment may lead to questions about whether the traveler’s planned activities match the visa classification.

Detention or Seizure Is Different From an Ordinary Search

CBP may inspect property and return it during the same encounter. If CBP instead formally detains or seizes property, separate custody, seizure or forfeiture procedures may apply.

See Passport, Luggage and Property in CBP Custody.

If Property Is Damaged or Missing

Document the condition of the property, preserve any custody receipt and identify whether CBP or the airline had possession when the problem occurred.

Frequently Asked Questions

Can CBP open a locked suitcase?

CBP border-search authority extends to baggage presented for inspection. A lock does not eliminate that authority.

Can CBP search my bag even if I am a U.S. citizen?

Yes. CBP states that all travelers crossing the border are subject to inspection, including inspection of baggage and merchandise.

Does a luggage search mean I am in trouble?

Not necessarily. A baggage search can occur as part of ordinary or secondary border inspection and does not by itself establish wrongdoing.

Review the Search if It Led to a Seizure or Immigration Finding

A routine luggage inspection and a search that leads to visa cancellation, property seizure or an admissibility finding require very different follow-up.