This was decided by the federal court United States border agents cannot search cell phones without a warrant in the Eastern District of New York. The decision applies to both US citizens and international visitors entering the New York City area most visited site by foreign travelers.
The case stems from an incident in 2022 when border guards manually searched the phone of a person named Kurbonali Sultanov. JFK airport in New York. He initially refused, then surrendered the device after agents told him he had no choice. Later, a more detailed search of the phone was conducted with a warrant, but Sultanov moved to hide it, claiming that the evidence obtained during the initial search violated his rights.
Civil liberties groups supported the proposal. “As the court has recognized, warrantless searches of electronic devices at the border are unreasonable intrusions on travelers’ personal expression, private associations, and journalistic activities — activities that are protected by the First and Fourth Amendments,” said Scott Wilkens. Knight is senior counsel at the First Amendment Institute. The court did not reject the evidence, arguing that the border agents acted in good faith.
The debate over whether border control agents can search electronic devices has been going on for years. American Civil Liberties Union and Electronic Frontier Foundation in 2017 sued The phones of 11 people were searched at the border against the Directorate of Internal Security.
