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A4 U.S. NEWS
Wednesday 13 november 2019

Court rules against warrantless

searches of phones, laptops

By STEVE LeBLANC
BOSTON (AP) — A federal
court in Boston has ruled
that warrantless U.S. gov-
ernment searches of the
phones and laptops of in-
ternational travelers at air-
ports and other U.S. ports
of entry violate the Fourth
In this Sunday, Nov. 3, 2019, photo, former President Jimmy Amendment.
Carter teaches Sunday school at Maranatha Baptist Church in
Plains, Ga. Tuesday's ruling in U.S. Dis-
Associated Press trict Court came in a law-
suit filed by the American
Former President Carter out Civil Liberties Union and the
Electronic Frontier Founda-
of surgery, no complications tion on behalf of 11 trav- In this Wednesday, Nov. 21, 2018 file photo, travelers check
elers whose smartphones
their phones at Indianapolis International Airport in Indianapolis.
and laptops were searched Associated Press
By JAY REEVES and SHAME- to Carter's recent falls. He without individualized sus-
KA DUDLEY-LOWE used a walker during his picion at U.S. ports of entry. said agents with U.S. Cus- stopped as they tried to re-
ATLANTA (AP) — Former most recent public ap- ACLU attorney Esha Bhan- toms and Border Protec- enter the U.S. after a visit to
President Jimmy Carter pearance. dari said the ruling strength- tion and U.S. Immigration Canada. Both are U.S. citi-
was recovering Tuesday The first fall, in the spring, ens the Fourth Amendment and Customs Enforcement zens and live in Massachu-
following surgery to relieve required hip replacement protections of international consider requests from oth- setts.
pressure on his brain from surgery. He hit his head fall- travelers who enter the er government agencies Rossman said Nadia Ala-
bleeding linked to recent ing again on Oct. 6 and United States every year. in determining whether to saad felt uncomfortable
falls. received 14 stitches, but The ACLU describes the search travelers' electronic handing over passwords
A statement from his still traveled to Nashville, searches as "fishing expe- devices. because she wears a head
spokeswoman said there Tennessee, to help build a ditions." They say border They added that agents covering as part of her reli-
were no complications Habitat for Humanity home officers must now demon- are searching the electron- gious beliefs.
from the procedure, per- shortly thereafter. And he strate individualized suspi- ic devices of not only tar- She asked that a female of-
formed at Emory University was briefly hospitalized af- cion of contraband before geted individuals but their ficer review her phone be-
Hospital for a subdural he- ter fracturing his pelvis on they can search a traveler's associates, friends and rel- cause it contained photos
matoma, blood trapped Oct. 21. electronic device. atives. of her and her daughters
on the brain's surface. Carter's wife of 73 years, The government has vig- Requests for comment without their headscarves.
Carter, 95, will remain in the Rosalynn Carter, is with him orously defended the from Customs and Border Alasaad said she was told
hospital for observation, at the hospital, Lowden searches as a critical tool Protection, Immigration that would take a few
said Deanna Congileo, his said. "She won't leave his to protect America. and Customs Enforcement more hours.
spokeswoman at the Cart- side," Lowden said. The number of electronic and the Department of The couple, who had al-
er Center. Large bleeds, usually after device searches at U.S. Homeland Security were ready been delayed sever-
The statement said the major trauma, can be life- ports of entry has increased not immediately returned al hours, ultimately decid-
Carters thank everyone for threatening. But often, es- significantly, the ACLU said. Tuesday. ed to leave their phones —
the many well-wishes they pecially in elderly patients, Last year, the government Jessie Rossman, a staff at- which they did not have re-
have received, and Con- the injury is a slow leak that conducted more than torney at ACLU's Massa- turned to them for 15 days,
gileo doesn't anticipate takes a while to build up 33,000 searches, almost chusetts chapter, said the according to Rossman.
making more announce- until initial symptoms such four times the number from ruling is a victory for consti- Ten of the plaintiffs in the
ments until he's released. as headaches and confu- just three years prior. tutional protections against case were U.S. citizens.
It was unclear how long sion appear, said Dr. Lola Documents filed as part of unreasonable searches One was a permanent le-
Carter might be hospital- B. Chambless, associate the lawsuit claim the scope and seizures. gal resident.
ized, said his pastor, the professor of neurological of the warrantless searches "The court said today that When the suit was filed
Rev. Tony Lowden. surgery at Vanderbilt Uni- has expanded to assist in suspicionless searches at in 2017, Department of
"If anybody can make it versity. enforcement of tax, bank- the border of cell phones Homeland Security officials
through this Jimmy Cart- "It's very typical in this set- ruptcy, environmental and and laptops violate the said U.S. citizens and ev-
er can. His will to serve is ting to see these develop consumer protection laws, Fourth Amendment," Ross- eryone else are subject to
greater than his will to give a few weeks or even a gathering intelligence and man said. examination and search
up," said Lowden. month or so after a fall," advancing criminal investi- Rossman said two of the by customs officials, unless
The Carter Center said said Chambless, who has gations. plaintiffs — Ghassan and exempted by diplomatic
the bleeding was related not treated Carter.q The court documents also Nadia Alasaad — were status.q