Federal charges stemming from cell phone searches at NYC-area airports.

There are three major international airports in the New York City area – Newark, JFK, and LaGuardia. The attorneys at the Law Office of Matthew Galluzzo PLLC have represented many individuals arrested at these airports and accused of federal crimes based upon searches of those individuals’ electronic devices (cell phones, laptops, tablets etc.). Oftentimes, these types of searches result in arrests for federal child pornography crimes, though sometimes charges relating to money laundering or financial fraud can arise from these sorts of digital searches at the US border. Of course, many people are arrested and accused of federal crimes based upon regular “non-digital” searches at the border or airport yielding narcotics or firearms.

How these cases start at the airports

At the international terminals—JFK (Queens), Newark Liberty (New Jersey), and, far less often, LaGuardia—cases frequently begin when U.S. Customs and Border Protection (CBP) or Homeland Security Investigations (HSI) examines a traveler’s phone, tablet, or laptop during primary or secondary inspection. CBP’s own policy (Directive 3340-049A) distinguishes between a “basic” manual look and an “advanced” forensic extraction; both can occur inbound or outbound and may lead to seizure, referral to HSI, and search warrants. 

The constitutional rules relating to these sorts of digital searches at the airport are evolving. In 2024, an Eastern District of New York judge (in the case of US v. Sultanov) ruled that searching a cellphone at JFK without a warrant was unconstitutional on the facts there—an influential district-court decision relevant to searches at LaGuardia and JFK (though not binding outside of the Eastern District of New York, i.e. Brooklyn, Queens and Long Island). That decision relied heavily upon Riley v. California, 573 U.S. 373 (2014), a decision by the Supreme Court distinguishing between routines searches pursuant to lawful arrests and searches of arrestees’ cell phones. In Riley, the Supreme Court concluded that searches of cell phones were incredibly intrusive and could not be routinely or automatically performed by law enforcement as part of the normal arrest process (i.e. without a specific search warrant from a judge.). Generally speaking, Customs agents and law enforcement officers can search individuals and their luggage at the U.S. border, and courts agree that Fourth Amendment constitutional protections are greatly lessened at the border. Nonetheless, the federal court in Sultanov – and several others across the country – have concluded that the reduced expectation of privacy at the border does not permit law enforcement to perform intrusive searches of digital devices without warrants. On the flip side, the federal courts in New Jersey (thus including the territory of Newark Airport) continue to maintain that Customs officers can lawfully search digital devices of people crossing through Customs without a warrant. This area of the law is evolving rapidly, however, and motions to challenge the constitutionality of law enforcement searches of digital devices should always be brought in federal cases involving incriminating evidence recovered during border searches.

Common federal charges

Most airport cases in the New York metro wind up in the Eastern District of New York (JFK, LaGuardia) or the District of New Jersey (Newark). Typical federal counts include:

• 18 U.S.C. § 2252A – receipt, distribution, transportation, possession, or access with intent to view child pornography (covers files on devices or in the cloud synced to the device). Penalties vary by subsection; receipt/distribution generally carry a 5-year mandatory minimum up to 20 years, while simple possession is up to 10 years (higher if certain aggravators or priors).  
• 18 U.S.C. § 2252 – similar conduct involving “visual depictions” of minors in sexually explicit conduct, with comparable penalties for receipt/distribution and possession.  
• 18 U.S.C. § 2251 – sexual exploitation/production (including production outside the U.S. intended for import). This is far more serious: 15-year mandatory minimum (often charged if agents find evidence of creation, not merely possession).  
• Related provisions can include § 2253 (forfeiture of devices), and registration and supervised-release consequences if convicted.

Practical notes for the NYC airports

• Venue: JFK and LaGuardia cases are typically charged in the Eastern District of New York; Newark cases are charged in the District of New Jersey. Expect HSI (DHS), CBP, sometimes FBI/Port Authority referrals.

Bottom line

If you or a loved one have been arrested and/or prosecuted for a federal crime based upon evidence that was obtained during a digital search at US Customs or an NYC airport, you should strongly consider contacting Matthew Galluzzo. Mr. Galluzzo is a former Manhattan prosecutor and experienced criminal defense attorney who has successfully represented several people accused of crimes stemming from border searches. In fact, he once obtained a full dismissal of child pornography charges for a client arrested at JFK Airport following a digital search of his cell phone. He understands the constitutional issues surrounding these searches and can make forceful arguments for suppression of the evidence.