US Court Rules Against Warrantless Border Searches Of Cellphones

The court took an overdue step forward, upheld freedom of the press, and defended a traveler's right to keep the contents of their cellphone private.

Government photo from the Homeland Security Department and in the public domain

The following is an exclusive article for paid subscribers of The Dissenter Newsletter. All new exclusive articles are available to everyone in August. Become a subscriber with this special offer and support independent journalism on press freedom and surveillance.

A United States court ruled on July 24 that the Fourth Amendment right to privacy in the U.S. Constitution protects travelers from “nonroutine searches” of their cellphones at the border.

There is a “substantial risk that allowing warrantless searches of incoming travelers’ electronic devices will unduly burden, chill, or otherwise infringe upon their First Amendment activities,” Judge Nina Morrison also acknowledged. 

Scott Wilkens, a senior counsel at the Knight First Amendment Institute, praised the decision. “As the court recognizes, warrantless searches of electronic devices at the border are an unjustified intrusion into travelers’ private expressions, personal associations, and journalistic endeavors—activities the First and Fourth Amendments were designed to protect.” 

“The ruling makes clear that border agents need a warrant before they can access what the Supreme Court has called ‘a window onto a person’s life,” Wilkens contended.