Federal Court Rules Warrant Required for Border Cell Phone Searches, Citing Fourth Amendment

Jul 29, 2024, 11:01 AM

A federal court in New York has ruled that U.S. border agents must obtain a warrant before conducting cell phone searches at the border, citing the Fourth Amendment. This decision challenges the federal government's claim that they can search phones without a warrant at the border, including at the airport. The ruling aligns with arguments presented in Orin Kerr's forthcoming book, 'The Digital Fourth Amendment,' which advocates for the elimination of the border search exception for digital searches. Judge Rakoff of the Southern District of New York adopted this view last year, and now Judge Morrison of the Eastern District of New York has joined him. The court cited concerns about the chilling effects of warrantless searches on free speech and press freedom.