“The Fourth Amendment still applies at the border, despite the feds’ insistence that it doesn’t.”
Judge Nina Morrison of the Eastern District of New York ruled that phone searches at the border are nonroutine and need probable cause and a warrant. She drew no line between forensic software and a border agent flipping through your photos. The 4th and 9th Circuits still demand only reasonable suspicion. Your constitutional rights at the airport depend on which airport.