On October 28, 2025, the Knight Institute and the Reporters Committee for Freedom of the Press submitted an amicus brief in United States v. Belmonte Cardozo, a criminal case in which the prosecution relied on evidence obtained from a warrantless cellphone search at the border. The defendant, Jose Belmonte Cardozo, moved to suppress the evidence on the grounds that the warrantless manual search of his cell phone was unconstitutional.

In support of Belmonte Cardozo’s motion to suppress, the amicus brief addresses the burdens that electronic device searches at the border place on the First Amendment rights to freedom of speech and association, and the Fourth Amendment right to privacy of all travelers. The brief also addresses the burdens such searches place on journalists in particular, whose electronic devices contain sensitive newsgathering information, including the names of confidential sources. In addressing these burdens, the brief cites documents obtained by the Knight Institute through FOIA litigation in Knight First Amendment Institute v. Dep’t of Homeland Security. The brief urges the court to conclude that the First and Fourth Amendments require the government to have at least probable cause of a border-related offense before conducting a manual or forensic search of a cellphone at the border.

Status: Briefing ongoing; amicus brief filed October 28, 2025.

Case Information: United States v. Belmonte Cardozo, No. 25-4239 (4th Cir.).