Texas immigration lawyer George Anibowei had his phone searched without a warrant by federal agents on five international trips and is seeking Supreme Court review. Federal appeals courts disagree on Fourth Amendment protection for phones at the border.
The border-search exception allows federal agents to search property at crossings without a warrant or suspicion; courts have applied it to cellphone contents. In 2014, the Supreme Court rejected the government’s argument that searching all data on a cellphone is materially equivalent to searching physical items.
The Cato Institute, Constitutional Accountability Center and Rutherford Institute argue the exception allows broad access to private digital records. The American Bar Association says searches could expose confidential and privileged attorney information. The Supreme Court denied Anibowei’s first petition in 2024, and it remains unclear whether the justices will hear the case.
