Returning from vacation? The government can search your phone without a warrant.
Summary
Thomas Kennedy, an Argentinian-American immigration advocate, sued the U.S. government after Customs and Border Protection (CBP) agents searched his phone without a warrant at Miami International Airport. He says the agents copied data from his phone because of his political work on immigrant rights and is now asking the government to delete this information.Key Facts
- Kennedy was stopped at Miami International Airport and his bags and phone were searched by CBP agents.
- He was pressured to hand over his phone, with threats that the interrogation would last longer if he refused.
- The agents kept his phone for about 45 minutes and likely copied data from it.
- Kennedy believes he was targeted because of his activism and work with immigrant rights groups.
- CBP can search electronic devices at the border without a warrant, based on the “border exception” to the Fourth Amendment.
- CBP states these searches are rare, with only 55,318 device searches out of over 419 million travelers in 2025 (about 0.0013%).
- Kennedy is asking the government to delete the copied data from his phone.
- CBP’s website says they can copy data if they suspect it contains evidence of law violations or relates to immigration and customs enforcement.
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