Tenth Circuit Upholds Protesters’ Rights in Digital Search Case

In a significant victory for digital privacy and protest rights, the U.S. Court of Appeals for the Tenth Circuit has overturned a lower court’s decision and challenged sweeping warrants used to search the digital data of protesters and a nonprofit organization. The case, Armendariz v. City of Colorado Springs, centers on a 2021 housing protest and raises critical questions about the scope of law enforcement access to personal digital information.

The Case Background

The lawsuit originated after a housing protest in Colorado Springs, Colorado, where police arrested individuals for obstructing a roadway. Following the demonstration, law enforcement obtained warrants to search the devices and data of Jacqueline Armendariz Unzueta, alleging she threw a bicycle at officers during the protest. These warrants authorized a broad search of her photos, videos, emails, text messages, and location data spanning two months, as well as a potentially unlimited search using 26 keywords – including terms like “bike,” “assault,” “celebration,” and “right” – allowing police to sift through years of her private data.

a warrant was issued to search the Facebook page of the Chinook Center, the organization that led the protest, despite the organization not being accused of any crime.

Lower Court Ruling and Appeal

The initial civil rights lawsuit filed by Armendariz and the Chinook Center was dismissed by the district court, which found the searches justified and asserted that the officers were protected by qualified immunity. The plaintiffs, represented by the ACLU of Colorado, appealed the decision.

Tenth Circuit’s Ruling

The Tenth Circuit Court of Appeals reversed the district court’s dismissal of the lawsuit’s Fourth Amendment claims. In a 2-1 opinion, the court determined that the warrants were overly broad and lacked the necessary specificity regarding the scope and duration of the searches. The court found that the officers violated “clearly established” law by issuing such deficient warrants and were therefore not entitled to qualified immunity.

While the court did not directly address First Amendment concerns, it acknowledged the context surrounding the searches, including potential animus by the Colorado Springs police towards the housing protest.

Implications and Next Steps

The Tenth Circuit’s decision is considered a rare rebuke of search warrants and a significant win for those concerned about police overreach and the protection of constitutional rights. The case has been remanded back to the district court for further proceedings, potentially leading to a vindication of the privacy rights of individuals in their digital data.

The Electronic Frontier Foundation (EFF), along with the Center for Democracy and Technology, the Electronic Privacy Information Center, and the Knight First Amendment Institute at Columbia University, filed an amicus brief in support of the appeal, highlighting the broader implications of the case for digital privacy and freedom of expression. Read more about the case from the EFF.

Armendariz v. City of Colorado Springs, No. 24-1201 (10th Cir. 2026)

ARMENDARIZ v. Center for Democracy & Technology; Electronic Frontier…