U.S. Department of Justice attorney Michael Drezner, representing the government, said no court has ever required probable cause or a warrant for any border search of a person or property. “They’re bringing a claim that’s breathtaking in scope and would undermine the authority of border officers that’s been established for centuries,” Drezner said in court.
BS! because exactly as argued by plaintiffs:
“The traditional powers of the government to search people’s things when they’re entering the country might make sense if we’re talking about a suitcase, but they don’t make sense with our cellphones and laptops, which contain our emails and our browsing history and our photographs, and they’re truly a window to the soul,” said Adam Schwartz, a senior lawyer for the Electronic Frontier Foundation, which brought the lawsuit on behalf of 11 travelers. “The government has no business looking at this information unless they can persuade a judge they have probable cause there’s a crime afoot.”