2nd Circuit upholds warrantless phone searches by border agents
Appeals court rules CBP can search travelers' cellphones without a warrant, probable cause, or reasonable suspicion, reigniting a Fourth Amendment fight.
What to know
- The 2nd U.S. Circuit Court of Appeals ruled that CBP border agents can search the digital contents of travelers' cellphones without a warrant, probable cause, or reasonable suspicion.
- The ruling extends the border search exception to digital devices; critics note the exception's associated enforcement zone covers roughly two-thirds of the US population within 100 miles of a border.
- Hacker News discussion split between those calling the ruling unconstitutional overreach and those arguing it correctly applies a narrow, historically grounded border-crossing exception.
- Practical workarounds are circulating, including wiping phones or carrying burner devices before crossing US borders.
The dispute Whether the border search exception, as applied to digital devices and a 100-mile inland zone, is a narrow historical carve-out or an unconstitutional expansion of government search power. · positions read across 35 posts and comments
The ruling is an unconstitutional gutting of Fourth Amendment protections, especially given the 100-mile zone's reach.
-
“It is insane to me that judges consistently rule that the constitution doesn't apply because there's a "border" within 100 miles.”
mmh0000 · Hacker News ↗
The border search exception is narrow and long-established; it applies to actual crossings, not a blanket 100-mile search zone, so the ruling is a defensible legal interpretation.
-
“The border search exemption only applies when someone is actually crossing a border, and it does grant broad authority to search whatever they're carrying with them at the time.”
Zak · Hacker News ↗
The practical response is to protect data before traveling — wipe devices, use burner phones, or avoid carrying sensitive information across the border.
-
“So carry a separate device while traveling. Or wipe your phone, then restore after the border.”
righthand · Hacker News ↗
2nd U.S. Circuit Court of Appeals Federal appeals courtU.S. Customs and Border Protection Federal agency conducting border searchesTrump administration Executive branch overseeing border enforcement
How it unfolded 6 developments, newest first · click a bar or a number to jump articlespostscomments
-
6
Wider social media pickup expresses alarm
The story spread to Mastodon, where a privacy-focused commenter reacted tersely to the ruling's implications.
“Thanks, I hate it…”
— evacide -
6 outlets 'The Government Was Entitled': Trump Border Agents Can Now Search a Traveller's Cellphone Legally
first by inkl, 4d ago · also Reason Magazine, Reason, La Voce di New York, Open Jaw, International Business Times UK
3 more headlines
- Court Upholds Suspicionless Cellphone Searches at the Border inkl · 4d ago
- U.S. Border Agents Can Search Cellphones Without a Warrant, Court Rules La Voce di New York · 4d ago
- US Court Upholds Border Agents' Right to Search Your Cellphone Open Jaw · 1d ago
-
Thanks, I hate it: https:// lawandcrime.com/high-profile/t he-government-was-entitled-trumps-border-agents-can-now-search-cellphones-without-a-warrant-probable-cause-or-reasonable-suspicion-2nd-circuit-rules/
2 more of the top 3 · 14 posts in this stretch
-
People in the USA have more rights in general than people in other democracies. I mean the US is ranked 57th ) for civil liberties. I know that line is parroted a lot but unfortunately that doesn't make it true People in the USA have less rights in general than people in other democracies. And back to my question: genuinely asking is there any…
-
It's the same in other countries like the UK for example.You can get stopped at the border, forced to talk to the border agents, you do not have the right to have a lawyer in the room during the interrogation (although you can have one phone call before your interrogation starts), you do not have the right to refuse to answer questions and they…
-
-
5
Others push back on the 100-mile-zone framing
A commenter argued the border search exception applies narrowly to actual border crossings and does not grant broad search authority throughout the 100-mile enforcement zone, correcting a widespread misreading in the thread.
“The border search exemption only applies when someone is actually crossing a border, and it does grant broad authority to search whatever they're carrying with them at the time.”
— Zak, HN commenter · source -
> It is insane to me that judges consistently rule that the constitution doesn't apply because there's a "border" within 100 miles.People keep misconstruing this.The border search exemption only applies when someone is actually crossing a border, and it does grant broad authority to search whatever they're carrying with them at the time. The…
2 more of the top 3 · 8 posts in this stretch
-
I mean... yea we also have some shaky interpretations of the 1st amendment (see especially, assembly), 2nd, 5th (e.g. the incredible pressure for plea bargaining), 6th (which, paradoxically, is a major reason for aforementioned pressure on plea bargaining, so I kinda get it), 8th given how bad some prisons are, arguably 10th (even if I am…
-
We gave the government the ability to police itself and there's no punishments for poor rulings.The structure of the Supreme Court is foolish. It made sense initially, having the people who drafted the constitution adjudicate it. But I think it would be better to drop SCOTUS all together, letting the Federal courts sort out their disagreements via…
-
-
4
Travelers describe wiping devices before crossing the border
Commenters said some companies already issue employees wiped phones or burner devices for US travel, a practice some said predates the Trump administration.
“I was barred from the US for life - it was said that it could have been much worse.”
— fsiefken, HN commenter describing a personal border search · source -
This happened to me last month in Halifax Canada, I wanted to board a transfer flight to Amsterdam, going through Boston. I was stopped as I had salts with me from a buddhist relic I couldn't exactly identify. The machine said it contained a primary explosive (silver azide). I was ordered to give my access code to my iphone and 3 suspicious…
2 more of the top 3 · 8 posts in this stretch
-
So the main argument is that in the time that was written and immediately afterwards we can look to see what they mean by that by how it was implemented. At the time it was understood that the government could and would search goods as they enter the country without warrants to enforce things like tariffs. I think that's a fairly reasonable…
-
This is confusing; what happens to you if you refuse a warantless search of your property?I'm a US citizen returning home. Do they just... send me back out of the country? :) I don't suppose they'd have the grounds to arrest me since there is no law that I can see being broken. I suppose they could keep the device until such time that a warrant…
-
-
3
Critics call the ruling a gutting of the Fourth Amendment
Commenters argued the ruling ignores the plain text of the Fourth Amendment by treating the 100-mile border zone, which covers two-thirds of the US population, as a rights-free area.
“It is insane to me that judges consistently rule that the constitution doesn't apply because there's a "border" within 100 miles.”
— mmh0000 -
It is insane to me that judges consistently rule that the constitution doesn't apply because there's a "border" within 100 miles.The 4th Amendment says, exactly: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but…
2 more of the top 3 · 3 posts in this stretch
-
The problem with these laws isn't that they can search you at the border. It's that they can search you within 100 miles of the border (https://en.wikipedia.org/wiki/Border_search_exception). The total number of people who live within that zone is 213 Million people, or 2/3 of the total population (
-
The best time to delete all social media accounts and never post anything online with your name attached ever again was 10 years ago. The second best time is right now. This stuff can and will be used against you out of context 10, 20, 30 years into the future.
-
-
2
Commenters recount personal border-search experiences
An HN commenter described being barred from the US for life after border agents searched his phone and found old screenshots about the Iran-Israel war, illustrating the practical stakes of the ruling.
-
So carry a separate device while traveling. Or wipe your phone, then restore after the border. This is just going to lead to a service that does this for you and the overreaching feds won’t be able to do anything about it.And as far as I can tell you still don’t have to give them your pin code.
1 more of the top 2 · 2 posts in this stretch
-
Customs has always been able to search everything without a warrant or suspicion when crossing the border. I guess this is saying that they can search the digital contents of physical devices/media as well?
-
-
1
Law & Crime coverage spreads to Hacker News front page
The Law & Crime article on the ruling was posted to Hacker News, drawing hundreds of comments debating the ruling's constitutional basis.
-
background
2nd Circuit rules border agents can search phones without cause — The 2nd U.S. Circuit Court of Appeals found that CBP border agents can search the digital contents of a traveler's cellphone without a warrant, probable cause, or reasonable suspicion, applying the border search exception to digital devices.
Also covered reported alongside — the timeline has no entry for these yet
-
first by Times of India, 4d ago · also MobileSyrup
1 more headline
- Travelling to the U.S.? New court ruling allows phone searches without warrant MobileSyrup · 1d ago
-
first by HN Best, 5d ago · also HN Frontpage
and 1 smaller piece
What people are saying 13 voices from 3 sites · best of 35 · verbatim
- What actually happens if a traveler refuses to unlock their device for a warrantless search?
- Do Fourth Amendment protections apply the same way to non-citizens at the border as to US citizens?
- Yesterday
-
E
USA authorities are allowed to search devices without having a warrant at their borders Me: Another reason to never travel to or through the USA https:// dailyhive.com/canada/cellphone -search-united-states-border - - - Les autorités états-uniennes sont permises de chercher les appareils sans ordonnance de la Cour à leurs frontières Moi: Une autre…
- Sep 20
-
Most democracies don't have anything close to our 4th amendment and 5th amendment rights.
-
W
Your papers, please. https:// lawandcrime.com/high-profile/t he-government-was-entitled-trumps-border-agents-can-now-search-cellphones-without-a-warrant-probable-cause-or-reasonable-suspicion-2nd-circuit-rules/ This will stand for now, though it could be appealed. I won't bet on SCOTUS reversing it, though.
- Sep 19
-
https://www.reddit.com/r/GrapheneOS/comments/1v64179/breaking_the_doj_accuses_atlanta_resident_samuel/
-
As an American they cannot arrest you if you do not give your password. They WILL, however, shoot you in the face, kill you, and face no repercussions.
-
It’s crazy that back in Belarus in 2021 we laughed off our friend who gave his phone & password to search to a solider who approached him during his commute to university.We couldn’t expect that it will became a norm in our country, not to mention “civilized world”. But it did…Just five year later same practice is OK in US. Same US that was busy…
-
The only picture on your phone should be Dickbutt. So when they open it... Dickbutt
-
E
Another reason not to travel to the US, if you needed one. They can now search your phone without a warrant or suspicion. https:// lawandcrime.com/high-profile/t he-government-was-entitled-trumps-border-agents-can-now-search-cellphones-without-a-warrant-probable-cause-or-reasonable-suspicion-2nd-circuit-rules/
-
The Fourth Amendment desperately needs an advocacy group of the kind the First and Second Amendments have had for decades https:// lawandcrime.com/high-profile/t he-government-was-entitled-trumps-border-agents-can-now-search-cellphones-without-a-warrant-probable-cause-or-reasonable-suspicion-2nd-circuit-rules/ # USPol
- Sep 18
-
The word "unreasonable" leaves the entire thing up to interpretation. Is it "reasonable" to search a traveler's phone with no indication of any wrongdoing? You'd probably say no. I'd say no. The courts say yes. Neither answer is objectively right or wrong according to this text.
-
If you torture the US constitution enough it will eventually confess.There are a lot of issues that fail the constitutional grep test yet somehow they are deemed (un)constitutional. The constitution was written to protect the people and states from the overly zealous congress. Not to fix the situation in which the congress is so dysfunctional that…
-
It's a massive swing and a miss that GrapheneOS has a religious opposition to a VeraCrypt-style hidden volume arrangement that allows different passwords to unlock different OS volumes.It would be vastly superior to their current solution, which basically guarantees contempt charges.I hope they change their mind soon!
-
Anyone still crossing US borders with electronic devices that aren't fully wiped? This is company policy for some European companies for a long time. Even during the Biden administration.Most employees just receive a wiped phone/laptop for the duration of the trip. Depending on the country its either a device that only has access to the bare…