Court Mandates Warrant for Phone Searches at U.S. Borders

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 require a warrant based on probable cause. This decision challenges the long-standing practice of warrantless searches for contraband at borders, which the government has historically justified. Judge Morrison likened cellphone searches to strip searches, emphasizing that the privacy interests at stake are far greater than those involved in routine luggage inspections. 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 court's decision highlights the growing concern over the government's ability to bypass constitutional protections by exploiting border search exceptions. Civil liberties organizations, 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 rights and First Amendment freedoms. They contend that such practices undermine the privacy of individuals and the rights of journalists to protect their sources and information. This ruling adds to a series of legal challenges aimed at limiting the federal government's authority to conduct warrantless searches of electronic devices, reinforcing the notion that constitutional protections extend to individuals even at the border.