Thursday, 25 May 2017

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CAIR-Florida Joins Amicus (friend of the court) Brief in the Border Search Case at the U.S. Court of Appeals for the Fourth Circuit

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(Miami, FL – 3/20/2017) CAIR-Florida, the state’s largest Muslim civil rights and advocacy organization, today announced the filing of an Amicus-Curiae Brief at the U.S. Court of Appeals for the Fourth Circuit in the Border Search Case, U.S. v. Kolsuz. CAIR-Florida, CAIR-National, and five other CAIR chapters throughout the nation joined the brief filed by the Electronic Frontier Foundation’s counsel Adam Schwartz on March 20, 2017. The brief provides legal reasoning regarding the applicability of the Fourth Amendment border search exceptions. “The Fourth Amendment’s border search exception, permitting warrantless and suspicionless “routine” searches of belongings and persons at the U.S. border, should not apply to digital devices like Mr. Kolsuz’s iPhone,” states the Introduction to the Amicus Brief. [Copy of the Brief may be found here.]

“The level of intrusiveness at the border searches are continuously escalating. We must keep in mind that the U.S. Constitution applies everywhere. Our position is that any government agent must obtain a warrant to search smartphones during a border search. In most instances, these devices hold highly sensitive and private information regarding health, attorney-client, corporate, and business information, and intimate family matters.

“If the government has any interest about these matters, they have a mechanism available and that is to appear before a Federal judge and ask for a warrant as the Constitution states,” said Thania Diaz Clevenger, Esq., CAIR-Florida’s Civil Rights Director and co-signer of the filed brief.

Media coverage links of the brief filing:

BORDER AGENTS NEED A WARRANT TO SEARCH TRAVELERS’ PHONES, EFF TELLS COURT US. V. Kolsuz EFF Amicus Brief

CAIR-Florida is the state’s largest Muslim civil liberties and advocacy organization. Its mission is to enhance the understanding of Islam, encourage dialogue, protect civil liberties of all people, and build coalitions that promote justice and mutual understanding.

La misión de CAIR-Florida es mejorar la comprensión del Islam, fomentar el diálogo, proteger las libertades civiles, capacitar a los musulmanes estadounidenses, y construir coaliciones que promuevan la justicia y la comprensión mutua.

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CONTACT:

CAIR-Florida’s Communications Director, Wilfredo A. Ruiz, Esq., This email address is being protected from spambots. You need JavaScript enabled to view it. ; 305.502.6749

CAIR-Florida’s Civil Rights Director, Thania Diaz Clevenger, Esq., This email address is being protected from spambots. You need JavaScript enabled to view it.; 813-514-1414