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Federal Judge: Border Searches of Cell Phones Require a Warrant

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Jun 1, 2023, 9:20 AM   by Rich Brome

A Federal judge in New York has ruled that a warrant is required for a cell phone search at the border, "absent exigent circumstances". U.S. Customs & Border Protection (CBP) has long asserted broad authority to conduct warrantless, and often suspicionless, device searches at the border, which includes ports of entry at the land borders, international airports, and seaports. "In Fiscal Year 2022, CBP conducted an all-time high of 45,499 device searches." The EFF (Electronic Frontier Foundation) has been fighting this potentially unconstitutional practice in the courts for several years.



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