In a groundbreaking ruling, a district court judge in New York, United States v. Smith (S.D.N.Y. May 11, 2023), declared that a warrant is necessary for cell phone searches at the border, unless there are urgent circumstances. The Electronic Frontier Foundation (EFF) reports: The Ninth Circuit in United States v. Cano (2019) held that a warrant is required for a device search at the border that seeks data other than “digital contraband” such as child pornography. Similarly, the Fourth Circuit in United States v. Aigbekaen (2019) held that a warrant is required for a forensic device search at the border in support of a domestic criminal investigation. These courts and the Smith court were informed by Riley v. California (2014). In that watershed case, the Supreme Court held that the police must get a warrant to search an arrestee’s cell phone. […]

The Smith court’s application of Riley’s balancing test is nearly identical to the arguments we’ve made time and time again. The Smith court also cited Cano, in which the Ninth Circuit engaged extensively with EFF’s amicus brief even though it didn’t go as far as requiring a warrant in all cases. The Smith court acknowledged that no federal appellate court “has gone quite this far (although the Ninth Circuit has come close).”

We’re pleased that our arguments are moving through the federal judiciary and finally being embraced. We hope that the Second Circuit affirms this decision and that other courts — including the Supreme Court — are courageous enough to follow suit and protect personal privacy.

Read more of this story at Slashdot.

Source: Slashdot – Federal Judge Makes History In Holding That Border Searches of Cell Phones Require a Warrant