On October 3, 2023, the Knight Institute and the Reporters Committee for Freedom of the Press submitted an amicus brief in United States v. Sultanov, a criminal case in which the prosecution is relying on evidence obtained from a warrantless cellphone search at the border. The defendant, Kurbonali Sultanov, moved to suppress the evidence on the grounds that warrantless cellphone searches are unconstitutional.

In support of Sultanov'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 obtain a warrant before searching a cellphone at the border.

Status: On July 24, 2024, the Court issued an order granting in part and denying in part Sultanov's Motion to Suppress.

Case information: United States v. Sultanov, No. 1:22-cr-149 (E.D.N.Y.).