In August of 2018, the ACLU-SC signed an amicus curiae (“friend of the court”) brief for a case regarding the United States’ claim that they have the unfettered right to search the electronic devices of those passing through the border without a warrant. In this case, the defendant-appellant brought this case to the Court of Appeals to challenge the district court’s decision to not suppress evidence that was taken from his electronic device during a forensic search at an off-location site without a warrant. Because of the immense amount of private information on personal electronic devices including images, messages, medical and location history, this presents a violation of Fourth Amendment protections against unreasonable searches and seizures.
Why this case?
The ACLU-SC believes strongly that constitutional rights still apply at the border. As technology continues to become more imbedded into every aspect of Americans’ lives, the legal standard for privacy must evolve with it.
The latest
In May 2018, the Court of Appeals ruled against the defendant-appellant, ruling in favor of the US government. This case is closed.
