The government argues that the “border exception” to the Fourth Amendment gives it wide latitude to search inbound U.S. citizens in the name of national security.
, filed in U.S. District Court in Boston, involves 10 U.S. citizens and one permanent resident who say that in recent years they were subjected to unlawful searches of their smartphones while returning home. The plaintiffs are represented by the ACLU, the ACLU of Massachusetts and the Electronic Frontier Foundation, a nonprofit that advocates for digital privacy rights.
The ACLU lawsuit aims to stop federal agencies from searching the digital devices of U.S. citizens at the border without a warrant. “Last year, CBP conducted more than 33,000 border device searches, almost four times the number from just three years earlier,” Wessler said. “That is not rare. But even if it were, it's still unconstitutional.
The plaintiffs’ attorneys asked the judge in the case, Denise J. Casper, to conclude that the agencies’ practices are in violation of the First and Fourth Amendments, to order federal agencies to stop the searches, and to delete any of the plaintiffs’ data that had already been seized.
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