US border agents must get warrant before phone searches, federal court rules

A federal district court in New York has ruled that U.S. border agents must obtain a warrant before searching the electronic devices of travelers, including Americans, at the border. This decision, made on July 24, challenges the government's previous stance that allowed warrantless searches at ports of entry. Civil liberties advocates welcomed the ruling, emphasizing the need for warrants to protect individuals' privacy rights, as electronic devices contain extensive personal information. The case involved Kurbonali Sultanov, whose phone was searched at JFK Airport in 2022 without a warrant, leading to evidence being used against him in a criminal case. The court found the search unconstitutional but noted that the government acted in good faith at the time. The ruling applies to the Eastern District of New York, which includes major airports like JFK. Critics have long argued that such searches violate the Fourth Amendment, and the court's decision also referenced concerns about potential First Amendment violations, particularly regarding press freedoms. The ruling may influence future legal interpretations of border searches, and there is speculation about whether federal prosecutors will appeal. Despite previous legislative attempts to require warrants for border searches, efforts have stalled, leaving the issue unresolved. The court's decision adds to a growing body of legal challenges against warrantless searches at the border, suggesting that the matter may eventually reach the Supreme Court unless legislative action is taken.