United States v. Belmonte Cardozo – Do It For The Caselaw

Holding: The court held that manual searches of cell phones at the border are routine border searches that do not require individualized suspicion.
Standard: Border search exception routine versus nonroutine analysis
Vote: Panel decision affirming the district court's denial of the motion to suppress.
Practical effect: Law enforcement officers may conduct brief, manual searches of travelers' cell phones at the border without needing reasonable suspicion or a warrant. This clarifies the scope of the border search exception for digital devices.

The Fourth Circuit held that manual searches of cell phones at the border are routine and do not require individualized suspicion. The court affirmed the denial of a motion to suppress evidence found during such a search.

Background

Jose Alejandro Belmonte Cardozo entered the United States from Bolivia and presented two iPhones to Customs and Border Protection. An officer manually searched the phones, finding sexually explicit images of prepubescent girls. Cardozo was arrested and charged with multiple counts involving child exploitation and pornography. He moved to suppress the evidence, arguing the search required individualized suspicion. The district court denied the motion, and Cardozo entered a conditional plea while preserving his right to appeal.

The court’s reasoning

The court analyzed the Fourth Amendment border search exception, distinguishing between routine and nonroutine searches. While forensic searches of cell phones are nonroutine due to their comprehensive nature and ability to recover deleted data, manual searches are routine. The court noted that manual searches are limited by the officer’s time and attention, reveal only what a user can see, and do not create a permanent copy of the device. The court held that manual searches do not require individualized suspicion, aligning with the consensus of all sister circuits.

Today, we join all our sister circuits that have addressed this issue in holding that manual searches of cell phones at the border are routine and thus do not require individualized suspicion.

United States v. Belmonte Cardozo, 25-4239 (4th Cir. July 13, 2026)

What it means going forward

Law enforcement officers may conduct brief, manual searches of travelers’ cell phones at the border without needing reasonable suspicion or a warrant. This clarifies the scope of the border search exception for digital devices.