Second Circuit Hands Border Agents Blanket Power to Search Phones Without Suspicion
The ruling lets border agents inspect travelers’ phones without suspicion and use evidence found on devices in criminal cases, the court said.
- On Thursday, the U.S. Court of Appeals for the Second Circuit ruled that law enforcement agents need neither a warrant nor reasonable suspicion to search cellphones at the border.
- The ruling stems from the case of Chinwendu Alisigwe, a legal permanent resident who challenged the search of his phone at John F. Kennedy International Airport after border officials discovered fraud evidence.
- Judge Steven Menashi wrote that the government's interest is "at its zenith at the international border," permitting searches regardless of investigative motives or criminal pretexts.
- Denouncing the decision, the Knight First Amendment Institute, based at Columbia University, argued through senior counsel Scott Wilkens that Americans' "most sensitive information" remains open to search without any suspicion.
- Lower courts have grappled with this issue for a decade, and legal experts say the matter may eventually reach the Supreme Court for final resolution on Fourth Amendment protections for digital devices.
14 Articles
14 Articles
Second Circuit Hands Border Agents Blanket Power to Search Phones Without Suspicion
The Second Circuit ruled that manual cellphone searches at the border require no suspicion, warrant or probable cause. The decision treats phones like ordinary luggage despite their vast stores of personal data, rejecting Fourth and First Amendment arguments. Privacy advocates warn of chilling effects on speech and journalism. (50 words)
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Appeals Court Says Border Officers May Search Travelers’ Phones Without Warrants
The U.S. Court of Appeals for the Second Circuit ruled that federal officers may search a traveler’s cellphone at the border without obtaining a warrant or showing probable cause, with the majority concluding that existing precedent allows such searches without any individualized suspicion.
A federal appeals court ruled that manually checking a traveler's phone does not require individual suspicion.
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