{"id":1834,"date":"2026-08-05T15:43:02","date_gmt":"2026-08-05T15:43:02","guid":{"rendered":"https:\/\/commercialrelocationpros.com\/?p=1834"},"modified":"2026-08-05T15:43:02","modified_gmt":"2026-08-05T15:43:02","slug":"trump-should-need-a-warrant-to-see-your-phone","status":"publish","type":"post","link":"https:\/\/commercialrelocationpros.com\/?p=1834","title":{"rendered":"Trump Should Need a Warrant to See Your Phone"},"content":{"rendered":"
\n

Last year, an Atlanta activist, Samuel Tunick, caught a felony charge for something that Americans are free to do anytime: He wiped the data from his phone. The only problem was that he did it by providing a federal agent in an airport with a \u201cduress password\u201d that, rather than unlock the device so the agent could search it, deleted its contents.<\/p>\n

Read more The Dystopian Future Dawns in Kherson<\/a><\/p>\n

Federal prosecutors have charged Tunick with destruction of evidence. He was detained at the Atlanta airport in January 2025, after returning from a vacation to the Dominican Republic. His attorneys have argued that agents approached him to inspect his phone because he was a member of the Defend the Atlanta Forest movement, which was protesting against a proposed police-training facility in Atlanta that opponents refer to as \u201cCop City.\u201d But prosecutors have not suggested what underlying crime he committed or released any information about what the agents might have been looking for.<\/p>\n

The authorities who wanted to search Tunick\u2019s phone had no warrant. Thanks to a massive Fourth Amendment loophole, they didn\u2019t need one. This is the so-called border exception. The Supreme Court has held for years that searches at the border are distinct from the usual law-enforcement search. As a result, Department of Homeland Security officers don\u2019t need a warrant to search your luggage for contraband or weapons. Although the rules differ based on federal-circuit-court decisions, in many states, Customs and Border Protection agents at international ports of entry can do the same with cellphones. Some courts have distinguished between a manual search, in which a border agent scrolls through your phone, and a forensic search, which involves copying and downloading the entire contents of the device. In Georgia, border officials can search your phone either manually or forensically\u2014a rule buttressed by a 2018 decision by the Eleventh Circuit Court of Appeals, in Atlanta, that upheld a conviction based on a warrantless search of a man\u2019s phone that uncovered child pornography.<\/p>\n

For obvious reasons, though, a cellphone is different from a suitcase. When the Fourth Amendment was written, establishing \u201cthe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,\u201d its authors could not have imagined that someone could carry a device with all their \u201cpapers and effects\u201d in it.<\/p>\n

\u201cYou search someone\u2019s luggage, maybe that person is traveling with a diary or a bank statement or a few photographs or something in their wallet or whatever, but that\u2019s a small sliver of who they are as a person,\u201d Sophia Cope, an attorney with the Electronic Frontier Foundation (EFF)\u2014a nonprofit focused on protecting digital rights\u2014told me. But a smartphone can hold all the intimate details of a person\u2019s life: their medical, financial, and location history; their faith, sexual orientation, political views. Group-chat gossip is the least of it.<\/p>\n

It was with this in mind that the Supreme Court ruled in a 2014 case, Riley v. California<\/i>, that police need a warrant to search a cellphone. \u201cIt is no exaggeration to say that many of the more than 90% of American adults who own a cell phone keep on their person a digital record of nearly every aspect of their lives\u2014from the mundane to the intimate,\u201d Chief Justice John Roberts wrote. \u201cThe fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought.\u201d<\/p>\n

But this decision said nothing about searches at the border. Federal agents continued to treat those searches differently, a practice that was then sanctioned by the Eleventh Circuit ruling. \u201cThe way the government interprets the Eleventh Circuit rule is they can search for any purpose at all with no limitation,\u201d Nate Wessler, an attorney with the ACLU, told me. \u201cThey don\u2019t need to go to a judge; they don\u2019t need reasonable suspicion\u201d to swipe through someone\u2019s device without a warrant.<\/p>\n

The Supreme Court\u2019s jurisprudence on warrantless border searches has previously focused on the illegal movement of goods and people in and out of the country. But a phone is a different kind of container from a car or a piece of luggage, and the high court has yet to rule on digital searches. EFF rightly argues that device searches are different because only a few possible kinds of contraband can be contained on a phone\u2014including child pornography. Nevertheless, as it stands, border officials anywhere in the country can initiate a manual search of your device simply by stating that they are looking for such digital contraband. That is a legal standard that is easily exploited as a pretext to target someone for reasons that have nothing to do with contraband, digital or otherwise.<\/p>\n

Under Donald Trump, the number of border searches of cellphones and other devices has grown significantly, amounting to tens of thousands a year. Although those tens of thousands of searches amount to a small fraction of total international travelers, the increase means that journalists, activists, or anyone seen by the administration as a political enemy may reasonably fear being targeted. The Trump administration has made no secret of its intent to prosecute left-wing activists as terrorists\u2014in June, the Department of Justice indicted anti\u2013Cop City activists on conspiracy charges for a protest in which fireworks were set off. The administration has indicted more than 50 people on such charges, NPR reported. Although most of those prosecutions have failed so far\u2014and the administration has been frequently rebuked for trying to deceive the courts\u2014at least one has resulted in serious prison time.<\/p>\n

Before the American Revolution, one of the English abuses of power most hated by the colonists was the use of \u201cgeneral warrants\u201d or \u201cwrits of assistance\u201d\u2014documents that gave representatives of the Crown blanket authority to enter people\u2019s homes and search through their private effects. Searches could be done without any evidence or suspicion of a crime, \u201ca power that places the liberty of every man in the hands of every petty officer,\u201d in the words of the founding-era lawyer James Otis.<\/p>\n

In the 18th century, though, your \u201cpersons, papers, and effects\u201d couldn\u2019t be held on a powerful pocket computer that also tracks your location at all times. Virtually everything that a corrupt or authoritarian government would have wanted to know about someone in the founding era can now be found on your cellphone. This may be of greater concern to Trump critics today, but conservatives inclined to insist that they have nothing to hide should consider how they would feel about a future Democratic president authorizing border agents to perform warrantless searches on the devices of people he considers his political enemies.<\/p>\n

Read more Liberals Are Now Fighting a Two-Front War<\/a><\/p>\n

The Trump administration already has a track record of using the Justice Department for political persecution\u2014a use facilitated by Roberts Court jurisprudence that eviscerated the department\u2019s independence. In addition to left-wing activists, federal prosecutors have gone after former FBI Director James Comey, a sometime Trump critic, and accused a former Olympian of having vandalized the Reflecting Pool (the charges were eventually dropped; the damage was actually caused by the shoddy work of a Trump-selected contractor). Anyone critical of the administration would have ample reason to be concerned about federal agents searching their phone without a warrant, but one needn\u2019t be a vocal opponent to find themselves subject to a nonsense prosecution by a president trying to shore up one lie or another.<\/p>\n

A duress password can be set up through the use of a third-party operating system. But using one is risky precisely because the government is more likely to prosecute someone who deletes their phone\u2019s content before a search. Anyone worried about a warrantless border search would likely be better off using an alternate phone for their trip, or backing up their data and then wiping their device before leaving.<\/p>\n

But Americans should not have to make those kinds of calculations to avoid federal agents invading their privacy. The possibility of having to prepare for such a search might be enough to persuade people to censor themselves\u2014to avoid public criticism, political activity, or any kind of personal expression that might draw the wrath of the government\u2014lest they attract the wrong kind of attention from federal authorities. And online anonymity is not necessarily a shield\u2014The<\/i> Wall Street Journal<\/i> has reported that DHS has been seeking to unmask online commenters critical of ICE by subpoenaing social-media companies. These people weren\u2019t committing crimes\u2014they were \u201csaying naughty things about ICE and immigration enforcement,\u201d as one attorney put it to the Journal<\/i>.<\/p>\n

Tunick\u2019s lawyers are arguing that the search itself was a violation of his constitutional rights. The Guardian<\/i> reported that Tunick was being observed because of \u201csuspected terrorism activities\u201d and that, while being detained, he repeatedly asked for an attorney, a request rebuffed by interrogators. \u201cLaw enforcement seemingly took advantage of the relaxed constitutional protections at the border to try to dig up evidence against Mr. Tunick, and possibly others\u201d connected to his political activism, Tunick\u2019s attorneys .<\/p>\n

If their account is correct, then the worst-case hypothetical is already taking place: Federal authorities are searching for legal loopholes that allow them to drum up prosecutions against people the Trump administration sees as political enemies by circumventing their basic constitutional rights.<\/p>\n

The result, Wessler said, will be \u201cdomestic law-enforcement agencies, from the FBI on down, who can call up their buddies at CBP and say, Hey, we think the suspect of ours is gonna come across the border. Would you do us a solid and search his phone? We wanna see if there\u2019s evidence for our domestic investigation<\/i>.\u201d<\/p>\n

This is a relatively simple problem for Congress to solve. In 2021, Democratic Senator Ron Wyden of Oregon and Republican Senator Rand Paul of Kentucky proposed legislation to close the border-exception loophole for electronic devices. Congress could easily pass a law compelling warrants for most border searches of electronic devices.<\/p>\n

Were Tunick\u2019s case to make it to the Supreme Court, the Riley<\/i> decision suggests the Court might rule that federal authorities at international ports of entry should not be allowed to just rummage through the private life of anyone who commits the crime of taking an international flight. This Court\u2019s Fourth Amendment jurisprudence has been friendlier toward civil liberties than one might expect, and in Riley<\/i>, the justices unanimously told the police that if they want to search a suspect\u2019s phone, they need to get a warrant.<\/p>\n

That was years ago, however, and it is fair to wonder whether the perspective of the Roberts Court has changed, as it has become far more receptive to kingly assertions of power than it once was.<\/p>\n

Read more Atlantic Trivia: Insects Real and Fake<\/a><\/p>\n<\/section>\n","protected":false},"excerpt":{"rendered":"

Federal officers can too easily comb through the most intimate details of your life.<\/p>\n","protected":false},"author":1,"featured_media":1833,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[],"class_list":["post-1834","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-ideas"],"yoast_head":"\nTrump Should Need a Warrant to See Your Phone - Commercial Relocation Pros<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/commercialrelocationpros.com\/?p=1834\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Trump Should Need a Warrant to See Your Phone - Commercial Relocation Pros\" \/>\n<meta property=\"og:description\" content=\"Federal officers can too easily comb through the most intimate details of your life.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/commercialrelocationpros.com\/?p=1834\" \/>\n<meta property=\"og:site_name\" content=\"Commercial Relocation Pros\" \/>\n<meta property=\"article:published_time\" content=\"2026-08-05T15:43:02+00:00\" \/>\n<meta name=\"author\" content=\"admin\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"admin\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"9 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/commercialrelocationpros.com\\\/?p=1834#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/commercialrelocationpros.com\\\/?p=1834\"},\"author\":{\"name\":\"admin\",\"@id\":\"https:\\\/\\\/commercialrelocationpros.com\\\/#\\\/schema\\\/person\\\/3a3374a445f1b5d4852b1d7c15b9fe3a\"},\"headline\":\"Trump Should Need a Warrant to See Your Phone\",\"datePublished\":\"2026-08-05T15:43:02+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/commercialrelocationpros.com\\\/?p=1834\"},\"wordCount\":1829,\"commentCount\":0,\"image\":{\"@id\":\"https:\\\/\\\/commercialrelocationpros.com\\\/?p=1834#primaryimage\"},\"thumbnailUrl\":\"https:\\\/\\\/commercialrelocationpros.com\\\/wp-content\\\/uploads\\\/2026\\\/08\\\/bfcbcbeb2f37213a9a8b3221dcccde43.webp\",\"articleSection\":[\"Ideas\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\\\/\\\/commercialrelocationpros.com\\\/?p=1834#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/commercialrelocationpros.com\\\/?p=1834\",\"url\":\"https:\\\/\\\/commercialrelocationpros.com\\\/?p=1834\",\"name\":\"Trump Should Need a Warrant to See Your Phone - 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