Fourth Circuit Rules Border Agents Can Manually Search Phones Without Suspicion

[Source article](The Fourth Circuit Says Border Agents Can Search Your Phone By Hand, No Suspicion Required | Electronic Frontier Foundation)

The Fourth Circuit Court of Appeals recently ruled in *U.S. v. Belmonte Cardozo* that U.S. border agents can conduct manual searches of electronic devices without requiring reasonable suspicion. This decision rejects arguments from EFF and allied organizations that such searches should meet the same Fourth Amendment standards as forensic device searches, which typically require suspicion tied to border security concerns. The court allowed agents to inspect phones by hand at the border—even for domestic law enforcement purposes—without any indication of wrongdoing.

This ruling expands the “border search exception” to electronic devices, creating a lower privacy standard for travelers. While the Supreme Court previously recognized the unique privacy risks of device searches in *Riley v. California* (2014), this decision shows how lower courts are still grappling with balancing national security interests against digital privacy rights. The outcome could make it easier for authorities to access sensitive personal data (e.g., messages, photos, location history) during routine border crossings.

Has anyone encountered similar rulings in other jurisdictions or seen how this might affect practical traveler protections? I’m curious to hear if this aligns with broader trends in digital privacy law.

Since something like 2/3 of the population lives within the 100 mile border zone, doesn’t this effectively mean that manual warrantless searches of devices are now legal in general (at least within the Fourth Circuit’s jurisdiction) as long as the one conducting the search is CBP?

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Is the evidence found admissible at the same level as if they had a warrant?

I’ll hand them my phone they can have a stand off with lockdown mode for 5 days. Then I’ll be retrieving my property. :joy:

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For GrapheneOS users they could just get annoyed and intentionally enter the wrong password 20 times and soft lock you out of your own phone.

Everyone should have backups regardless.

very true!