Court Rules CBP Agents Can Search Your Phone Without a Warrant

A US appeals court has issued a new ruling declaring that Customs and Border Protection agents can conduct both basic and "advanced" searches of electronic devices at US borders without needing a warrant nor reasonable suspicion. The new ruling overturns a district court decision from January 2020 that ruled such searches unconstitutional. In the new ruling, First Circuit Judge Sandra Lynch says "Electronic device searches do not fit neatly into other categories of property searches, but the bottom line is that basic border searches of electronic devices do not involve an intrusive search of a person". Although the the rules for border searches are intended for persons entering at border crossings, they technically apply to all CPB agents working within 100 miles of any US border, which includes many major US cities. The ACLU, which backed the lawsuit in question, issued a statement: "We are disappointed with the ruling and evaluating all options to ensure we don’t lose our privacy rights when we travel."
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