The Border Exemption: Your Phone Can Be Searched Without a Warrant
Returning from vacation? The government can search your phone without a warrant
A lawsuit filed by immigration advocate Thomas Kennedy alleges that a Customs and Border Protection agent at Miami International Airport seized his phone for 45 minutes and copied its data without a warrant. The case highlights the long-standing 'border exception' to the Fourth Amendment, which allows warrantless searches of electronic devices at ports of entry. CBP claims such searches are rare, affecting only 0.0013% of travelers in fiscal year 2025.
CBP shouldn’t have been able to confiscate my phone, let alone copy its contents. I believe they did so to suppress my political speech.