Warrantless Border Searches of Devices Violate First Amendment
Participated in an amicus brief (with the Reporters Committee and other amici) filed with the U.S. Court of Appeals for the First Circuit in Alasaad v. Wolf. The central question in this case is whether the border search exception to the Fourth Amendment’s warrant requirement can be extended to electronic devices, including those of journalists. Alasaad and other travelers argued that suspicionless searches of electronic devices at airports and other U.S. ports of entry by border officials violated their Fourth Amendment rights, and the district court agreed. The amicus brief supports the plaintiffs, who argue that border officials should be required to obtain a warrant based upon probable cause. The amicus brief highlights the implications of electronic device searches for newsgathering rights of journalists and for broader First Amendment rights, and argues that warrantless border searches violate the First Amendment.