United States v. Inofuentes
Brief Details
- Case No.: 26-4150
- Brief Filed: June 09, 2026
- Jurisdiction: 4th Circuit Court of Appeals
Key Topics in the Brief
Briefs
The Fourth Amendment requires stronger protections for searches of electronic devices at the border. Modern cell phones and laptops contain vast quantities of intensely personal information, making them fundamentally different from ordinary physical containers. Under Riley v. California, traditional warrant exceptions do not automatically extend to digital devices. The Fourth Circuit should hold that all border searches of electronic devices—whether manual or forensic—require a warrant based on probable cause. At minimum, all such searches should require reasonable suspicion of contraband or an ongoing border-related offense. Manual searches are nearly as intrusive as forensic searches because they can reveal messages, photographs, browsing history, location data, contacts, medical information, financial records, political and religious associations, and other deeply private information. Allowing suspicionless manual searches would create a loophole permitting law enforcement to evade ordinary Fourth Amendment requirements whenever a person travels internationally. A uniform rule is necessary because border device searches are rapidly increasing and affect tens of thousands of travelers annually.
Author(s)
Sophia Cope, Electronic Frontier Foundation, San Francisco, CA; Nathan Freed Wessler and Esha Bhandari, American Civil Liberties Union Foundation, New York, NY; Michael W. Price and Elizabeth Franklin-Best, National Association of Criminal Defense Lawyers; Eden B. Heilman, ACLU of Virginia; Kristi L. Graunke, ACLU of North Carolina; David Rocah, ACLU of Maryland; Allen Chaney, ACLU of South Carolina
