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Border Agents Searched His Phone 5 Times Without a Warrant. He's Asking the Supreme Court To Put a Stop to It.

Immigration lawyer George Anibowei has petitioned the U.S. Supreme Court to determine if border agents can constitutionally search travelers' electronic devices without a warrant or individualized suspicion.

Key Points

  • George Anibowei, a naturalized U.S. citizen, reports having his phone searched five times by border authorities since 2016.
  • Customs and Border Protection (CBP) conducted 55,318 electronic device searches last year, including 13,590 involving American citizens.
  • Current policies allow agents to copy and seize digital data from phones and laptops at ports of entry without a warrant.
  • Federal courts are currently split, with two circuits requiring warrants for border searches while six others, including the Fifth Circuit, do not.
  • The Pacific Legal Foundation is representing Anibowei, arguing that these warrantless searches violate Fourth Amendment protections against unreasonable searches and seizures.

Why it Matters

The Supreme Court's decision to hear this case could resolve a significant legal inconsistency regarding digital privacy rights at U.S. borders. A ruling would clarify whether constitutional protections against warrantless searches apply to personal data, impacting millions of international travelers and the privacy of sensitive professional information.
Reason Published by Elizabeth Nolan Brown
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