Federal Court Rules US Border Agents Need Warrant for Device Searches

A federal court in New York has ruled that U.S. border agents must obtain a warrant before searching travelers' electronic devices. This decision challenges the government's long-standing policy allowing warrantless searches at borders.

Civil liberties groups praised the ruling, emphasizing the need for a warrant to protect personal privacy. Scott Wilkens, from the Knight First Amendment Institute, noted that electronic devices reveal much about a person's life.

The ruling affects the Eastern District of New York, including major airports like JFK. U.S. Customs and Border Protection did not comment on the ruling.

The case involved Kurbonali Sultanov, a U.S. citizen whose phone was searched at JFK without a warrant. He later sought to suppress evidence found on his phone, arguing the search violated his Fourth Amendment rights.

The court agreed that the search was unconstitutional but dismissed Sultanov's motion to suppress the evidence, stating the government acted in good faith.

CBP conducted over 41,700 device searches in 2023. Lawmakers have attempted to legislate warrant requirements for border searches, but these efforts have failed. The issue may eventually reach the Supreme Court.