A federal judge in New York’s Eastern District ruled that warrantless phone searches at ports of entry violate the Fourth Amendment.
A federal judge in New York ruled that Customs and Border Protection can’t search travelers’ phones without a warrant. The ruling theoretically applies to land borders, seaports, and airports — but in practice, it only applies to New York’s Eastern District. That’s not nothing, though, since the district includes John F. Kennedy Airport in Queens, the sixth-busiest airport in the country.
Mayorkas, as well as other cases in which judges held that forensic examinations of cell phones are nonroutine. In Alasaad, the court ruled that “basic border searches are routine searches” but did not determine whether forensic searches require reasonable suspicion. “This Court respectfully concludes otherwise,” Morrison writes.
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