A federal district court in New York has ruled that U.S. border agents must obtain a warrant before searching the electronic devices of Americans and international travelers crossing the U.S. border, TechCrunch reports.
This ruling, issued on July 24, challenges the long-standing legal position of the U.S. government, which has allowed border agents to access travelers’ devices at ports of entry without a court-approved warrant.
Scott Wilkens, senior counsel at the Knight First Amendment Institute, which was involved in the case, stated, “The ruling makes clear that border agents need a warrant before they can access what the Supreme Court has called ‘a window into a person’s life.’”
This pivotal ruling applies across the U.S. Eastern District of New York, which includes major transportation hubs like John F. Kennedy International Airport. Despite its far-reaching implications, U.S. Customs and Border Protection (CBP), the agency responsible for border security, has not yet commented on the decision.
The court’s decision stems from a criminal case involving Kurbonali Sultanov, a U.S. citizen whose phone was seized by border agents at JFK Airport in 2022. Sultanov was compelled to provide his password under the assertion that he had no choice.
He later moved to suppress the evidence—alleged to be child sexual abuse material—arguing that the search violated his Fourth Amendment rights.
The U.S. border is a complex legal zone where the privacy rights of travelers, both international and American, are often diminished. The U.S. government has asserted unique powers at the border, allowing for device searches without a warrant.
In this recent court ruling, the judge also considered arguments presented in an amicus brief, which contended that such searches violate the First Amendment by posing a significant risk of chilling effects on press activities and journalists.
Although the court ruled that the warrantless search of Sultanov’s phone was unconstitutional, it acknowledged that the government had acted in good faith at the time of the search.
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I can agree with this. A phone is basically a wallet today, and contains -very- personal information like notes, documents, photos, and video. It's basically your house in tiny form, gone mobile and is always with you. Search warrant required.
Search warrants are not required for wallets. You might want to revist your analogy.
I know that, which is why I added -very- personal information like notes, documents, photos, and video. It’s basically your house in tiny form, gone mobile.