by Lisa Vaas
On Thursday, the Council on American-Islamic Relations (CAIR), a Muslim civil rights group, announced that its New Jersey chapter had filed a case in federal court challenging the CBP’s “warrantless and unconstitutional seizure” of an American citizen’s phone.
Lazoja formally asked a federal judge to force border officials to delete data copied from her iPhone 6S Plus – a legal filing that’s formally known as a Rule 41(g) Motion, or as a Motion to Return Property.
It’s not her physical phone that she wants back. She got that back after 130 days.
Rather, she specifically wants assurances that copies of her data are deleted. As CAIR points out, Rule 41(g) motions are generally used for tangible items, as opposed to easily copied data. But it’s those easily made copies that she wants wiped out: copies that were taken without the CBP explaining its reason for seizure.