reason.com/volokh/2026/09/18/second-circuit-rejects-limits-on-border-searches-of-cell-phones

Second Circuit Rejects Limits on Border Searches of Cell Phones

The Second Circuit just ruled border agents can search your phone with no warrant and no suspicion at all, upholding a fraud conviction built on evidence pulled from a traveler's unlocked device at JFK. One law professor argues the court got it backwards, since these searches target ordinary crime, not the smuggling and tariff concerns that justify searching luggage.

— via Volokh Conspiracy (Reason), Orin S. Kerr


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