Originally Posted by SPN Lifer
Many do not.As an attorney, you undoubtedly know that a CBP search at the "functional equivalent of a border" is almost unlimited, while a TSA search is not. In either case, one would want to summon a supervisor -- someone chime in about the levels of TSA officer supervision -- and be sure to explain everything and document everything, including names. You might want to generally tell them about attorney-client files. It would be good to have documentation of your assertions, such as business cards, bar cards, copies of law degree, etc.
Carrying around a copy of one's diploma could look suspicious. The CBP/TSA officer might think it's part of a cover story. Besides, my J.D. diploma is framed and measures over two feet on each side, so it doesn't fit in the overhead compartment.
Business cards and bar cards, though, would be a good idea. (For that matter, I never leave home without my business cards, because I never know when I'll be asked for one by a potential client.) I've read at least one story of an attorney being asked by Customs for a business card to back up his answer to the, "What do you do for a living?" question.
I hadn't been worried about the TSA wanting to go through my files; at most, I figured they'd ask me to turn on the laptop to prove it's actually a computer and not a bomb in disguise. But I have considered the CBP issue, especially since I live relatively near the border, and here are my thoughts on it.
- I don't carry my laptop across the border unless it's necessary. They can't search what I don't have.
- I don't doubt that U.S. and Canadian Customs have the authority to access my hard drive... but if I'm using encryption or whatever, am I required to help them out by telling them the password?
- If I'm entering Canada, the officer could simply deny me admission. In that case, I likely would explain what I do for a living and ethics Rule 1.6 (confidentiality), present my business and/or bar card if asked, and use my professional judgment to handle the situation as it develops.
- Coming back into the U.S. is a slightly different matter. I'd politely decline to provide the password and explain that disclosing it could be an ethics violation that could subject me to discipline. They're welcome to haul me before a federal judge... even if the judge orders me to provide the password, I think he or she will at least understand why I initially refused and go easy on me.