My reading of
https://www.aclunc.org/docs/ACLU-NC_2019-03-28_Letter_re._El... is that they didn't take the devices out of his sight/control, they just demanded he unlock them and hand them over.
> CBP officers searched Dr. Gal’s wallet and all his luggage, and asked questions about everything they found. When they discovered Dr. Gal’s Apple-issued electronic devices, the officers first asked Dr. Gal to pull up his itinerary on his mobile phone, and then to hand the unlocked device over to CBP. Dr. Gal responded that he would email them the itinerary, but that he would need to speak with a lawyer and his employer before giving CBP officers full access to his mobile phone.
...
> Moreover, there was no reason for any CBP officers—TTRT or otherwise—to detain and interrogate Dr. Gal or his devices. Notably, CBP officers did not confiscate and retain Dr. Gal’s devices, which they were authorized to do under the Directive and presumably would have done if they truly felt that they possessed a basis for detaining Dr. Gal or keeping his devices. See Directive, § 5.3.3. Instead, CBP officers proceeded to demand that Dr. Gal provide immediate, unlimited access to his devices.