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A federal judge ruled that warrantless phone searches at ports of entry violate the Fourth Amendment.
A federal judge in New York ruled that Customs and Border Protection (CBP) can’t search travelers’ phones without a warrant. The ruling theoretically applies to land borders, seaports, and airports — but in practice, it only applies to New York’s Eastern District.
That’s not nothing, though, since the district includes John F. Kennedy Airport in Queens, the sixth-busiest airport in the country. Nationwide, CBP has conducted more than 230,000 searches of electronic devices between the 2018 and 2023 fiscal years at land borders, seaports, and airports, according to its publicly available enforcement statistics.
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