Border Agents Can't Search Your Phone Without Reason, Judge Rules
A federal judge today ruled that US border agents can't search travelers devices without "reasonable suspicion". Although they can still search devices without a warrant, they now need a specific reason to do so. Previous searches by CPB and ICE without reason violated the US Constitution's Fourth Amendment protections against unreasonable searches and seizures, according to the new ruling by US District Judge Denise Casper in Boston. The ACLU and EFF filed the lawsuit in 2017 on behalf of 10 US citizens and one lawful resident whose devices were searched without a warrant. Over 30,000 devices were searched at the border in 2018, according to the ACLU.
Jul 14, 2017
U.S. Customs and Border Protection agents are not allowed to access or view consumer data that is stored in the cloud, such as social networks and email.
Sep 13, 2017
The American Civil Liberties Union and the Electronic Frontier Foundation have sued the Department of Homeland Security for searching American citizens' smartphones at the border without a warrant. Specifically, the groups say the Customs and Border Protection and Immigration and Customs Enforcement agencies have delayed citizens' entry into the country lest they give up smartphone passwords.
Jun 22, 2018
The U.S. Supreme Court ruled that law enforcement must generally obtain a search warrant in order to track people via cell phone towers.
Nov 29, 2017
The Supreme Court today heard a case regarding whether or not law enforcement can access certain types of cell location data without a warrant. Government agencies do not currently need a warrant when requesting location and other data held by phone companies thanks to a 1979 court case.
May 26, 2020
A federal judge in Seattle has ruled that the FBI violated a defendant's Fourth Amendment rights when it collected evidence by powering on the defendant's smartphone and photographing a notification displayed on the lock screen. The judge ruled that the FBI's actions amounted to a search, even though they made no attempt to unlock the phone.
Here comes the judge....