
Rejhane Lazoja was stopped at Newark airport in New Jersey in February after returning home from Switzerland. Border agents seized her phone after she refused to unlock it for them. The phone was returned by US Customs and Border Protection (CBP) after 120 days.
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The lawsuit claims the agents kept a copy of her phone data and have not stated that they have deleted the date.
Lazoja’s phone contained photographs of her “in a state of undress” as well as private communication with her lawyer.
"Ms Lazoja is a Muslim woman and wears a hijab (a headscarf) in accordance with her religious beliefs. Pursuant to her sincerely held beliefs, Ms Lazoja cannot be seen in a state of undress by men who are not family members," the documents state.
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"Neither was there probable cause, nor a warrant [to search the phone]. Therefore, the search and seizure of Ms Lazoja's property violated her rights under the Fourth Amendment," the filing says.
The case will be heard in a New Jersey US district court.
This article originally appeared on BBC News.
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