Kennedy v. US (Challenging Phone Searches at the Border)

6 Oct

Thomas Kennedy is a long-time immigrants’ rights activist, organizer, and policy consultant in Miami. He is a vocal critic of ICE and U.S. immigration policy, and he has worked on several campaigns to close immigration detention facilities in Florida. On his return home from a recent vacation to Egypt and Turkey, Thomas’ U.S. passport was flagged at customs in Miami International Airport. Without justification or reasonable suspicion, CBP agents detained Thomas and seized his smartphone and political reading materials. Thomas’ smartphone contains highly sensitive, confidential, private, and privileged information. Seizing Thomas’ private and protected data was an egregious violation of Thomas’ constitutional rights and a significant invasion of his privacy and confidentiality. In response, JFL filed a motion under Federal Rule of Criminal Procedure 41(g) seeking the destruction or return of all data extracted from Thomas’ phone.