EFF, ACLU Seek Warrants for Devices

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warrantless device searches

Electronic Frontier Foundation

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EFF to Second Circuit: Electronic Device Searches at the Border Require a Warrant

Summary

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85% Informative

EFF and ACLU file amicus brief urging court to require a warrant for border searches of electronic devices.

Case involves the criminal prosecution of a man whose cell phone and laptop were forensically searched after he landed at JFK airport in New York City .

In Fiscal Year 2023 , U.S. Customs and Border Protection conducted 41,767 device searches.

In our brief, we also highlighted three other district courts within the Second Circuit that required a warrant for border device searches: U.S. v. Smith ( 2023 ), which we wrote about last year ; U.S. v. Sultanov ( 2024 ), and U.S. v. Fox ( 2024 ). We plan to file briefs in their appeals, as well, in the hope that the Second Circuit will rise to the occasion and be the first circuit to fully protect travelers’ Fourth Amendment rights at the border..