A Federal court has ruled that US Customs and Border Protection agents must obtain a warrant to search phones. The ruling could have far-reaching repercussions on the methods employed by US security agents who man the country’s ports and borders.
Why must US Customs secure a warrant to search phones?
The US Customs and Border Protection (CBP) is tasked with protecting US borders. These include land borders, seaports, and airports. Relying on publicly available enforcement statistics, The Verge reported CBP has conducted more than 230,000 searches of electronic devices between the 2018 and 2023 fiscal years.
A federal judge in New York has mandated Customs agents obtain a warrant before inspecting phones. The judge was presiding over a case filed by criminal defendant Kurbonali Sultanov. Border agents had inspected his device at the JFK airport.
Customs agents recovered incriminating evidence on Sultanov’s phone. He sought to suppress the evidence because it was obtained illegally.
FYI : Customs and Border Patrol (CPB) officials need a warrant to search citizens and non-citizens’ phone or electronic device when traveling in or out of the country.
“It is one thing for courts to give border officials the authority to briefly detain and question air… pic.twitter.com/qsAEaUgevF— Csilla Brimer ❤️🔥🗽🆙 (@CryptoTweetie) July 29, 2024
The latest ruling doesn’t help Sultanov. However, the presiding judge did reportedly accept the argument that the Fourth Amendment requires the search of a cellular device at the border to be supported by a warrant and probable cause.
While delivering the latest ruling the judge explained the reasoning behind it. It appears the ruling aims to protect journalists, political opposition, protestors, dissidents, and the other usual targets or individuals.
The previous ruling on the issue essentially unlocked direct and unhindered access to a person’s electronic device at the border. This could be construed as potential violations of the First and Fourth Amendments, observed the judge.
Will US Border Protection teams need legal permission to frisk the devices of all passengers?
It is important to note that a federal judge in New York has mandated Customs agents must have a warrant to search electronic devices at the border. The ruling practically applies to New York’s Eastern District.
What this means is that agents stationed at John F. Kennedy (JFK) Airport in Queens would need warrants to inspect electronic devices. JFK Airport is the sixth-busiest airport in the country. It has nearly 500,000 aircraft operations and processes more than 62 million passengers annually.
If U.S. Customs and Border Security can scan cell phones and electronics without warrant… does this mean they are doing this to the millions of migrants coming into this country… to protect us??? https://t.co/t544PI85vP pic.twitter.com/0nyRWXElnI
— ck (@quaerotantum) February 15, 2024
Although the ruling applies primarily to New York’s Eastern District, it could have far-reaching implications on the way Customs agents approach and process suspicious passengers at America’s land borders, seaports, and airports.
IMHO, the judge is incorrect. When devices contain PII or PHI & are searched by Customs Agents, it’s a violation of Fed law. Phones collecting & containing health data cannot & should not be searched w/out a warrant.https://t.co/CzL9UvR44a pic.twitter.com/KIiBoUmcZQ
— Chris Spera (@chrisspera) February 12, 2021
The latest ruling effectively overturns a three-year-old provision. Specifically speaking, in 2021, a US appeals court ruled that CBP agents can search travelers’ phones and other devices without a warrant. Interestingly, border agents didn’t even need reasonable suspicion to inspect electronic devices.
Legally speaking, the new law primarily applies to US citizens. However, the CBP could effectively den y any foreign passenger entry to the United States if they refuse a search, which can include electronic devices.
2024-07-30 15:04:58