NACDL - National Association of Criminal Defense Lawyers

United States v. Michael Inofuentes

Argument(s)

Customs and Border Protection (“CBP”) agents conducted a lengthy warrantless manual search of Mr. Inofuentes cellphone, including keyword searches of their WhatsApp messages. The messages contained highly sensitive and private information, including family photos, medical records, and attorney-client communications. 

NACDL and co-amici’s brief argues that there should be a warrant requirement for device searches at the border under the Fourth Amendment, and conducting a search manually should not fall under a different standard. They argue that electronic devices hold enormous amounts of sensitive and private information, and so should be afforded greater protections. Amici argue that a warrant should be required for all forms of device searches at the border, but at minimum, the reasonable suspicion standard should be extended to manual searches as well following Kolsuz.

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Author(s)

Michael Price, NACDL Fourth Amendment Center; Elizabeth Franklin-Best, NACDL Amicus Committee Vice-Chair; Sophia Cope, Electronic Frontier Foundation; Nathan Freed Wessler, American Civil Liberties Union; Eden B. Heilman, ACLU of Virginia; David Rocah, ACLU of Maryland; Kristi L. Graunke, ACLU of North Carolina; Allen Chaney, ACLU of South Carolina