Feds May Need Warrants to Search Cell Phones at the Border After All

June 19, 2023

Snooping through emails, video, and photos isn’t the same as stumbling on containers full of cocaine.

by J.D. Tuccille Reason.com

The role of smart phones as snitches is well-established, with people paying for their handy communications capabilities while the treacherous devices track us and reveal details of our lives. Even as the government spoofs cellphone towers to locate phone users, or purchases commercial data about our movements, border agents also insist they can, at will, search the phones of Americans returning home. But last month a federal judge ruled that a free pass to probe electronic devices is too broad, and that Americans enjoy some protections at the border of the sort they have elsewhere.

In this latest case, United States v. Smith, Jatiek Smith, the subject of a federal investigation, was stopped at the airport in Newark on his return from Jamaica. As detailed by U.S. District Judge Jed S. Rakoff, federal agents “forced him to turn over his cellphone and its password. They reviewed the phone manually and created and saved an electronic copy of it as it existed as of that date and time – all without a search warrant.”