
The 9th Circuit (Calif.) Court made it clear that cell phones cannot be searched at the border under the border exception unless the cell phone itself is suspected to contain contraband, as opposed to it may lead to discovery of evidence of or to help convict of a crime.
This was a drug smuggling case, but the underlying law is from a child porn case.
Unfortunately the larger problem remains, the border officers can still threaten and make people uncomfortable. But If asked for my phone, I’d ask what reasonable suspicion do they have that contraband is inside my phone and tell them read the Cano case!
P.S. The matter is under appeal to the U.S. Supreme Court. Here is the Respondent’s Opposing Brief Cano’s Opposing Brief to SCOTUS