US makes border phone searches legal
The gist
A US appeals court ruled border agents can search travelers' phones without a warrant.
The ruling binds New York, Connecticut and Vermont, affecting millions of international travelers.
How it unfolded
- 1977The Supreme Court in U.S. v. Ramsey stated that searches at the border without probable cause and without a warrant are reasonable simply by virtue of occurring at the border.
- 2023U.S. v. Smith, a federal district court case in the Second Circuit, held that law enforcement needed a warrant before searching a suspect's cell phone at the border.
- 2024U.S. v. Sultanov, another Second Circuit district court case, likewise held that a warrant was needed for a border cellphone search.