The bold part of your understanding is inaccurate.

1. They can search any unlocked device at the border at any time for any reason or for no reason.

2. If the device is locked, they can ask any passenger for the password, at any time, for any reason, or for no reason at all. If the passenger unlocks the device, then see Step 1, above.

3. If you, as a US citizen, refuse to give them the PIN, they can't and won't just seize the device willy-nilly without a really good reason to believe there is evidence of criminality on the device. In the Ninth Circuit specifically (California, Arizona, Nevada, Washington, Hawaii, Oregon) they are prohibited from seizing a device to perform an off site forensic search unless they have "reasonable suspicion," which is a legal standard close to "probable cause."

See the Ninth Circuit's decision in US v. Cotterman:

https://en.wikipedia.org/wiki/United...s_v._Cotterman


This is the trend in the law and how other circuits would probably rule on such cases, and I believe it is CBP's practice in all circuits, not just the ninth circuit, that they don't seize devices and waste the time of CBP geeks to try to break into those devices unless they have a really good reason to believe there's something bad and significant on the device.

Officers definitely need the approval of a front line supervisor, and perhaps other higher ups at the port of entry, before seizing a locked electronic device to have it searched. They can't get that approval without a very good reason.

4. CBP officers can, however, threaten to seize any device from any passenger at any time, for any reason, in order to coerce the passenger to answer questions or to trick the passenger into unlocking the device. "Unlock the phone now or we will seize your phone and keep it for weeks/months" can be a pretty effective threat, even if it's an empty threat. "Unlock the phone or we will keep you here until you do" also seems to be a favored threat. These are bluffs though. If you're going to refuse to unlock your devices, you need to be prepared to call them on these bluffs. If you're a U.S. citizen, they won't hold you more than a few hours before letting you go.


5. I'm a U.S. citizen, and I have personally refused to give them the PIN to my phone. I landed in Chicago two years ago, returning from a vacation to Afghanistan. They asked my why I went there, what I did there, etc. I told them more or less that it was none of their business but they were free to search my bags.

The officer took out my phone and said "Could you enter the PIN?" I said "I could, but I won't." He said "Fine, We'll seize it." I said "OK."

An hour later they let me go, with the phone, computer, etc. The seizure threat was a bluff.

Years earlier (pre-Cotterman), I landed in Las Vegas from a flight to Cuba. The officer told me he was seizing my devices because I wouldn't answer questions and even handed me some kind of notice of seizure literature. Back then I was naive and inexperienced with such matters, so I started answering questions. They didn't seize my devices. I suspect that this too, was a bluff.

6. I've been through seven other secondary inspections in which I refuse to answer questions, always with a phone and laptop in my luggage, and they never turned on my devices or asked for a password. They always search everything else in my bags and usually set aside the electronics and treat them like Kryptonite.

I remember at one point even mentioning as they let me go, "I'm surprised you didn't turn on my computer/phone" and the officer said "Oh we don't touch that stuff here." Maybe it's a different story for foreigners sent to "immigration secondary," with officers routinely checking their phones to find evidence that they intend to overstay their welcomes. But for an American sent to "baggage secondary," the chance they are going to turn on your phone or seize it is exceptionally low.