Immigration lawyer asks Supreme Court to curb warrantless phone searches at borders
Attorney George Anibowei, whose cellphone has been seized five times without a warrant, is petitioning the U.S. Supreme Court to limit border agents' authority to conduct such searches.
George Anibowei, an immigration attorney who travels frequently between the United States and Nigeria, says Customs and Border Protection agents have taken his cellphone on five separate occasions without obtaining a warrant or showing probable cause. The first seizure occurred in October 2016 after a flight from Toronto, and subsequent searches have each taken several hours, leading to missed flights and potential exposure of confidential client data.
Represented by the Pacific Legal Foundation, Anibowei is asking the Supreme Court to decide whether the Fourth Amendment requires a warrant for border searches of electronic devices. Courts across the country are divided, with two circuits generally requiring warrants and six, including the Fifth Circuit covering Texas, allowing warrantless searches. A ruling could affect all travelers, as border agencies have increasingly inspected electronic devices in recent years. Advocates such as Texas Civil Rights Project lawyer Kassandra Gonzalez argue that constitutional protections should not vary by entry point.
Why it matters
A Supreme Court ruling could define digital privacy rights for all travelers entering the United States.
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