Court Requires Warrant for Phone Searches at Border

In a significant ruling on Wednesday, Judge Nina Morrison of the Eastern District of New York determined that searches of cellphones at the U.S. border are "nonroutine" and thus require a warrant and probable cause. This decision challenges the long-standing practice where federal authorities conducted warrantless searches for contraband at border crossings. Judge Morrison emphasized that while the government’s interest in preventing contraband smuggling is clear, the justification for searching digital data on cellphones is less compelling. The ruling arose from the case of Sultanov, who was subjected to a cellphone search by Department of Homeland Security agents upon returning from Uzbekistan. Although evidence from the search was suppressed, Sultanov was still convicted based on other evidence. The case highlighted concerns over the federal government exploiting border search exceptions to bypass the warrant requirement for electronic devices. Civil liberties advocates, including the Knight First Amendment Institute and the Reporters Committee for Freedom of the Press, intervened in Sultanov's case, arguing that warrantless searches pose a serious threat to both Fourth Amendment privacy rights and First Amendment freedoms. They contended that such practices could undermine journalistic integrity and the rights of individuals to communicate freely. Judge Morrison's ruling is seen as a pivotal moment in the ongoing debate over digital privacy and government surveillance, providing a legal framework that reinforces the necessity of warrants for searching electronic devices, particularly for journalists and other individuals whose work may be impacted.