On Tuesday, the First Circuit found that searches of cellphones and other electronic devices at the U.S. border do not require a warrant or probable cause and can be used to search for contraband. The court ruled in favor of ICE and CBP, finding that the government’s security interests are at their peak when dealing with people crossing the border and outweigh privacy concerns. The case was initially brought by the government and ACLU of Massachusetts in November 2019, where the trial court found that a simple search of devices required reasonable suspicion. The 1st Circ. overturned that holding, saying the trial judge’s finding was too narrow.
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posted on: February 15, 2021