So we need a new law to ensure the Fourth Amendment is enforced?
[Source] Bipartisan legislation introduced Tuesday would require law enforcement to obtain warrants before searching the digital devices of Americans at the border.
The legislation, known as the “Protecting Data at the Border Act,” was introduced in the Senate by Sen. Rand Paul (R-Ky.) and Sen. Ron Wyden (D-Ore.) while another version was presented in the House.
“Americans’ Constitutional rights shouldn’t disappear at the border,” Wyden said. “By requiring a warrant to search Americans’ devices and prohibiting unreasonable delay, this bill makes sure that border agents are focused on criminals and terrorists instead of wasting their time thumbing through innocent Americans’ personal photos and other data.”
Citing the 2004 Supreme Court case Riley v. California, which ruled that a warrant should be obtained to search an electronic device after an arrest, the legislation argues that exemptions should not be made for cell phones and the like.
“As the Supreme Court unanimously recognized in 2014, innovation does not render the Fourth Amendment obsolete,” Paul said. “It still stands today as a shield between the American people and a government all too eager to invade their digital lives.”