A federal district court in New York has ruled that U.S. border agents must obtain a warrant before searching the electronic devices of Americans and international travelers crossing the U.S. border.

The ruling on July 24 is the latest court opinion to upend the U.S. government’s long-standing legal argument, which asserts that federal border agents should be allowed to access the devices of travelers at ports of entry, like airports, seaports and land borders, without a court-approved warrant.

“The ruling makes clear that border agents need a warrant before they can access what the Supreme Court has called ‘a window into a person’s life,’” Scott Wilkens, senior counsel at the Knight First Amendment Institute, one of the groups that filed in the case, said in a press release Friday.

The district court’s ruling takes effect across the U.S. Eastern District of New York, which includes New York City-area airports like John F. Kennedy International Airport, one of the largest transportation hubs in the United States.

Critics have for years argued that these searches are unconstitutional and violate the Fourth Amendment, which protects against unwarranted searches and seizures of a person’s electronic devices.

In this court ruling, the judge relied in part on an amicus brief filed on the defendant’s behalf that argued the unwarranted border searches also violate the First Amendment on grounds of presenting an “unduly high” risk of a chilling effect on press activities and journalists crossing the border.

With several federal courts ruling on border searches in recent years, the issue of their legality is likely to end up before the Supreme Court, unless lawmakers act sooner.

  • AnarchoSnowPlow@midwest.social
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    5 months ago

    So how long till the Supremes rule that CBP is not only allowed to search your phone but also to perform colonoscopies at checkpoints 100 miles inland and sell the resulting videos to extremely wealthy perverts?

    • Telorand@reddthat.com
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      5 months ago

      Depends on if Kamala and/or Congress can fix SCOTUS by next year. But I would expect this to show up on their docket in 2025, so hopefully that happens sooner than later.

      • ARg94
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        5 months ago

        Fix=CoEqual branch un-coequaling another branch…

    • ARg94
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      5 months ago

      Lol DAE hate constitutionalists and love marx? Teehee.