Supreme Court poised to weigh warrantless phone searches at U.S. borders

Texas-based immigration lawyer George Anibowei reports that border agents have seized and duplicated the entire contents of his phone on at least five occasions, including confidential client communications, without providing a warrant or explanation. He has filed a petition asserting that the Fourth Amendment should bar such searches, and the Supreme Court recently invited the federal government to submit a response, which the government chose not to file.

The issue is contentious, with seven appellate courts holding that no warrant is required, while the 4th and 9th Circuits demand a warrant in certain situations, creating a geographic split in constitutional protection. Prior Supreme Court rulings, such as Riley v. California and Carpenter v. United States, have emphasized the need for warrants for digital data, but the border-search exception remains unsettled. Recent appellate decisions, including United States v. Alisigwe, have expanded the scope of suspicionless searches, prompting criticism from legal scholars. With Customs and Border Protection having examined tens of thousands of electronic devices in recent years, the outcome could shape privacy rights for millions of travelers.