S.T.O.P., Stroock Release “Searches Without Borders” Report On CBP Warrantless Cellphone Searche

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For Immediate Release


S.T.O.P., Stroock Release “Searches Without Borders” Report on CBP Warrantless Cellphone Searches On U.S. Soil
 
[NEW YORK, NY, 10/23/2019] -- Today, the Surveillance Technology Oversight Project (S.T.O.P.), a New York-based privacy group, and Stroock & Stroock & Lavan LLP (“Stroock”), a leading national law firm, released their “Searches Without Borders” report on warrantless cellphone searches by U.S. Customs and Border Protection on U.S. soil.  The report details the first public case of a U.S. citizen having their cellphone searched by CBP simply for being near the border, even though he never tried to cross.
 
SEE: An American Citizen Was Detained While Trying To Pay A Customs Fee On A Gift For His Daughter
https://theintercept.com/2019/10/23/customs-border-searches-civil-liberties/
 
Searches Without Borders Report
https://www.stopspying.org/searches
 
“This report shows an alarming expansion of CBP’s device searches at the border,” said Surveillance Technology Oversight Project Executive Director Albert Fox Cahn. “Before documenting this latest case, we already knew CBP’s device searches were unlawful, but this is completely indefensible. No American should lose their constitutional rights simply because they live, work, or shop near the border.”
 
“Expanding the scope of the border search exception to the warrant requirement to cover individuals who do not intend to cross the border, but who are only present at and around the border, raises substantial and serious constitutional questions, especially when a search involves personal electronic devices,” said Stroock Special Counsel Francis  Healy. “Stroock is proud to have partnered with STOP to help Americans take steps to keep their devices and data safe from unreasonable, and unconstitutional, searches at the border.”
 
Civil rights lawyers previously challenged CBP’s use of the so-called “border search exception” to search electronic devices without a warrant. But unlike past cases, the U.S. citizen searched in this case never tried to cross the border. Instead, his vehicle and phone were searched while clearly inside the United States.
 
Rights groups challenge warrantless cellphone searches at U.S. border
https://www.reuters.com/article/us-usa-immigration-privacy/rights-groups-challenge-warrantless-cellphone-searches-at-us-border-idUSKCN1S62MM
 
Another Federal Court Allows Warrantless Cellphone Searches at U.S. Border
https://reason.com/2019/08/19/another-federal-court-allows-warrantless-cellphone-searches-at-u-s-border/
 
The Surveillance Technology Oversight Project is a non-profit advocacy organization and legal services provider hosted by the Urban Justice Center. S.T.O.P. litigates and advocates for privacy, fighting excessive local and state-level surveillance. Our work highlights the discriminatory impact of surveillance on Muslim Americans, immigrants, and communities of color.
 
Stroock provides strategic transactional, regulatory and litigation advice to advance the business objectives of leading financial institutions, multinational corporations and entrepreneurial businesses in the U.S. and globally.  With a rich history dating back 140 years, the firm has offices in New York, Los Angeles, Miami and Washington, D.C.

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CONTACT: STOP Executive Director Albert Fox Cahn;
 
Copyright © 2019 Surveillance Technology Oversight Project, All rights reserved.

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Presscommunications staff