Case Disclosed

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Warrantless Border Searches of Electronic Devices Constitutional

The First Circuit ruled this month that warrantless searches of electronic devices at the border do not violate the First or Fourth Amendments. The American Civil Liberties Union (ACLU) and Electronic Frontier Foundation (EFF) filed suit on behalf of eleven plaintiffs whose electronic devices had been searched by Customs and Border Protection (CBP) or Immigration and Customs Enforcement (ICE), either at the physical border or upon arrival from an international flight. The plaintiffs challenged policies promulgated by ICE and CBP that authorize border agents to conduct “basic searches” of