EFF, ACLU, and NACDL filed an amicus brief in the Fourth Circuit urging the court to require a warrant for border searches of electronic devices under the Fourth Amendment. The case, U.S. v. Belmonte Cardozo, involves a U.S. citizen whose phone was searched without a warrant at Dulles airport. EFF argues that both manual and forensic device searches should require a warrant supported by probable cause, citing the Supreme Court's Riley v. California ruling. In FY2025, CBP conducted over 55,000 warrantless device searches. EFF contends that obtaining a warrant is not unduly burdensome and that border officers can retain a device while seeking a warrant, letting the traveler continue on their way.
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