September 17, 2026
Today, the Second Circuit held in United States v. Alisigwe that border officers can search travelers’ cell phones by hand—no warrant, no suspicion needed—as a routine part of entry. Although other circuits had previously held as much, this was the first time the Second Circuit addressed the issue. The court left open whether more invasive forensic extraction requires suspicion; that is an issue on which other circuits have split.
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