March 01, 2018 Feature

“Welcome Back to America! Now Gimme Your Phone” : Warrantless Cell Phone Searches at the Border

Edward J. McAndrew

If you want to search someone’s cell phone, “get a warrant.” So said the Supreme Court four long years ago, in Riley v. California, 134 S. Ct. 2473, 2495 (2014). More precisely, the Court stated that we have a reasonable expectation of privacy in the data stored in our phones, which cannot be searched without a warrant incident to a lawful arrest.

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