Unlimited Data Search Plan: Warrantless Border Search of Mobile Device Data Likely Unconstitutional for Violating the Fundamental Right to Informational Privacy

Authors

Atanu Das

Document Type

Article

Abstract

(Excerpt)

Part I of this Article discusses a case in which a United States citizen was subject to an unconstitutional warrantless border search of his mobile device data. Part II explains the history and current state of Supreme Court jurisprudence of the border search exception doctrine. Part III explains the way in which Supreme Court jurisprudence finds the right to informational privacy for mobile device data to be a fundamental right. Part IV discusses the reluctance of some legal commentators to find that a governmental intrusion on the right to informational privacy is subject to strict scrutiny. Part V finds that a warrantless border search of mobile device data is likely unconstitutional for violating the right to informational privacy under the Due Process Clause of the Fifth Amendment.