Second Circuit Upholds Suspicionless Border Cell Phone Searches
Second Circuit rules border agents can search phones without suspicion.
Why it matters: This decision affects Fourth Amendment protections for electronic devices at U.S. borders, critical for constitutional and cybersecurity legal advisers. It highlights ongoing legal conflicts over digital privacy and may lead to Supreme Court review.
- On September 17, 2026, the Second Circuit upheld suspicionless electronic device searches at the border.
- The case involved Chinwendu Alisigwe, who argued that a warrantless phone search violated the Fourth Amendment.
- The ruling aligns with Fourth, Fifth, Seventh, and Eighth Circuits allowing manual phone searches without individualized suspicion.
- In contrast, a 2019 federal court in Boston ruled suspicionless border searches of devices unconstitutional.
On September 17, 2026, the U.S. Court of Appeals for the Second Circuit ruled that border agents can conduct searches of travelers' electronic devices without any suspicion of criminal activity. This ruling came in the case of Chinwendu Alisigwe, a lawful permanent resident convicted of conspiracy to commit money laundering and other charges. Alisigwe argued that evidence obtained from his cellphone was gathered in violation of the Fourth Amendment.
This decision aligns the Second Circuit with the Fourth, Fifth, Seventh, and Eighth Circuits, which have held that manual searches of electronic devices at the border do not require individualized suspicion. For reference, the Fourth Circuit affirmed this in July 2026 in U.S. v. Belmonte Cardozo, describing such searches as routine. You can read the details of the Second Circuit ruling here.
However, the ruling contrasts with a 2019 federal court decision in Boston which found suspicionless searches of international travelers' smartphones and laptops at U.S. ports of entry unconstitutional. That ruling emphasized stronger Fourth Amendment protections against digital searches at borders. More on that case is available here.
Scott Wilkens, Senior Counsel at the Knight First Amendment Institute, criticized the decision: "Today's decision leaves Americans' most sensitive information open to search at the border without any suspicion at all." This highlights the deep privacy concerns surrounding digital searches in border enforcement. The Second Circuit opinion can be reviewed here.
Given these conflicting rulings among federal courts, there is increasing momentum that the U.S. Supreme Court may soon take up this issue to establish a uniform constitutional standard for device searches at the border.
By the numbers:
- September 17, 2026 — Date Second Circuit ruled in favor of suspicionless phone searches
- July 13, 2026 — Fourth Circuit ruled similarly in U.S. v. Belmonte Cardozo
- November 12, 2019 — Federal court in Boston ruled suspicionless phone searches unconstitutional
Yes, but: While the Second Circuit and several other circuits support suspicionless searches, some courts and privacy advocates argue such practices violate Fourth Amendment rights, creating a split among federal courts.
What's next: A Supreme Court review is likely as legal conflicts persist over digital privacy rights at U.S. borders, though no pending appeals are publicly known.