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Will the Supreme Court agree to hear a case on Fourth Amendment rights for border digital searches by end of 2024?
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NY District Court Upholds Fourth Amendment for Border Digital Searches, Backed by Judges Rakoff and Morrison
Jul 26, 2024, 09:09 PM
A recent ruling by a district court in New York has reinforced the application of the Fourth Amendment to digital searches at the border. This decision aligns with the views expressed by Judge Rakoff of the Southern District of New York last year and is supported by Judge Morrison of the Eastern District of New York. The ruling addresses concerns that allowing border agents to search electronic devices without a warrant poses significant risks to press freedom. Advocacy groups such as the Knight First Amendment Institute and the Reporters Committee for Freedom of the Press have praised the decision for protecting journalists' work and communications. The DC Circuit referenced a 2017 case where warrantless searches were not allowed for cell phones without evidence of ownership.
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