From Knight First Amendment Institute · · 1m 10s
Court allows border searches of phones without suspicion
A federal appeals court ruled that U.S. border agents can search travelers' electronic devices without any warrant or suspicion.
In brief
A federal appeals court ruled that U.S. border agents can search travelers' electronic devices without any warrant or suspicion. The Second Circuit rejected arguments that the First and Fourth Amendments require warrants for border device searches, leaving sensitive personal data vulnerable. Originally reported by…
Court rules on border device searches
The U.S. Court of Appeals for the Second Circuit held that border agents may search travelers' electronic devices without any suspicion or warrant.
“Today's decision leaves Americans' most sensitive information open to search at the border without any suspicion at all.”
What phones reveal about us
Electronic devices contain private thoughts, family photos, location history, and communications. The Knight Institute argued these deserve Fourth Amendment protection at borders.
“Our phones hold our private thoughts and associations, photographs of our family and friends, and a log of our nearly every movement.”
Impact on journalists and sources
The Knight Institute and Reporters Committee argued that warrantless searches burden journalists by exposing confidential sources and sensitive newsgathering information.
The Alisigwe case details
The ruling stems from United States v. Alisigwe, where the government used evidence from two warrantless cell phone searches at the border. A district court denied the defendant's motion to suppress that evidence in November 2023.
Arguments the court rejected
Civil rights groups argued the border-search exception should not apply to electronic devices and that First and Fourth Amendment protections require warrants. The Second Circuit disagreed.
“We're disappointed the court declined to recognize that.”
The headline
The Second Circuit rejected arguments that the First and Fourth Amendments require warrants for border device searches, leaving sensitive personal data vulnerable.
