Steven Menashi

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Second Circuit allows warrantless cellphone searches at the border

As of September 2026: Wrote the majority opinion in United States v. Alisigwe

Travelers flying into airports in New York, Connecticut, and Vermont can now have their cellphones searched at the border with no warrant and no suspicion. The Second Circuit ruled September 17 that the Fourth Amendment's border search exception covers manual phone inspections at ports of entry.

Updated Sep 18

Notable Quotes

Under our precedents, no suspicion is required before the government searches a traveler's property at the border.

from Second Circuit allows suspicionless cellphone searches at the border · Updated Sep 18

Because a cell phone is property, our precedents establish that the government does not need to have reasonable suspicion before searching a traveler's cell phone at the border.

from Second Circuit allows warrantless cellphone searches at the border · Updated Sep 18