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In a May 11, 2026 Fourth Circuit brief (U.S. v. Belmonte Cardozo), EFF revealed CBP conducted 55,318 searches of travelers' phones, laptops and tablets at the border in fiscal year 2025 — most without any individualized suspicion. EFF argues the Supreme Court's Riley v. California standard requires a warrant for both manual and forensic device searches, a question the Fourth Circuit heard at oral argument on May 8, 2026.
“In a May 11, 2026 Fourth Circuit brief (U.S. v. Belmonte Cardozo), EFF revealed CBP conducted 55,318 searches of travelers' phones, laptops and tablets at the border in fiscal year 2025 — most without any individualized suspicion. EFF argues the Supreme Court's Riley v. California standard requires a warrant for both manual and forensic device searches, a question the Fourth Circuit heard at oral argument on May 8, 2026.”
When you cross a U.S. border, the government claims the right to read your phone, your laptop, your entire digital life — with no warrant and, often, no suspicion at all. In 2026, exactly how often that happens came into focus.
In a brief filed May 11, 2026, the EFF disclosed that U.S. Customs and Border Protection conducted 55,318 device searches in fiscal year 2025, spanning both 'basic' manual searches and 'advanced' forensic ones. The vast majority were carried out without individualized suspicion that the traveler had done anything wrong.
The disclosure came in U.S. v. Belmonte Cardozo, involving a U.S. citizen whose phone was manually searched at Dulles Airport after a trip to Bolivia. The Fourth Circuit heard oral arguments on May 8, 2026 on the core question: does the Fourth Amendment require a warrant before officers can rifle through a traveler's device?
EFF argues yes. It points to the Supreme Court's 2014 ruling in Riley v. California, which required a warrant to search a phone seized during an arrest precisely because modern devices hold a uniquely intimate record of our lives. EFF contends that logic applies with equal force at the border — and to forensic and manual searches alike.
Anticipating the government's objection, EFF argues 'the process of getting a warrant is not unduly burdensome' and would not bog down traveler processing. No federal appeals court has yet mandated warrants for border device searches — making the Fourth Circuit's pending decision a potential turning point.
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