In a big win for protesters’ rights, the U.S. Court of Appeals for the Tenth Circuit overturned a lower court’s dismissal of a challenge to sweeping warrants to search a protester’s devices and digital data and a nonprofit’s social media data.The case, Armendariz v. City of Colorado Springs, arose...

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The U.S. Court of Appeals for the Tenth Circuit reversed a lower court's dismissal of a Fourth Amendment challenge in Armendariz v. City of Colorado Springs. The case stemmed from 2021 housing protests where police obtained sweeping warrants to search a protester's devices, including all photos, videos, emails, texts, and location data over two months, plus a time-unlimited keyword search. A separate warrant targeted a nonprofit's Facebook page despite no criminal accusations. The Tenth Circuit found all three warrants overbroad and lacking particularity, and denied qualified immunity to the officers. EFF, CDT, EPIC, and the Knight First Amendment Institute filed amicus briefs supporting the appeal. The ruling is notable because appellate courts rarely invalidate search warrants or deny qualified immunity, making it a significant win for digital privacy rights and protesters.

Victory! Tenth Circuit Finds Fourth Amendment Doesn’t Support Broad Search of Protesters’ Devices and Digital Data