6 ms·

You do have some rights, but SCOTUS has ruled in the past that the sovereign prerogative of the federal government are "at their apogee" when you are at the bor

You do have some rights, but SCOTUS has ruled in the past that the sovereign prerogative of the federal government are "at their apogee" when you are at the border. The feds assert a bullshit 100-mile zone, but that is covers a tremendous swath of the country (and a huge % of citizens), and is untested jurisprudence.

deusofnull 8y ago
Especially since, and correct me if I'm wrong, the oceans count as a border too.
- mikeash 8y ago
  They do. The result is that 2/3rds of the US population lives within this “border zone.” https://www.aclu.org/other/constitution-100-mile-border-zone https://www.aclu.org/other/constitution-100-mile-border-zone
- logfromblammo 8y ago
  They count the Great Lakes as well, including all of the Michigan lobe of Michigan-Superior. I'm a bit surprised they don't also count everywhere within 100 mi of the doors into the international terminals of every international airport. If you're going to set an arbitrary limit without legislative oversight, why not set it in a way that maximizes your agency's own power? What's magical about 100 miles, anyway? It seems very suspiciously based on a power of ten of a specific unit of measure, and not on any real distance that may be supported by statistics or analysis. I'd say draw the line where you have a 95% certainty that any persons encountered on the border side of it just crossed over. Which is to say that the border patrol would have to stay on the border side of any major highway, and would need to pay attention to where the boats come and go.
Spooky23 8y ago
The 100 mile zone is tied to a nexus with a border crossing. Everyone living within 100 miles of the cost is not subject to some reinterpretation of law.
- hinkley 8y ago
  Seattle is 111 miles from the border. Which means the burbs are within 100. Hours away, really. There are quite a few metropolitan areas that close to the Canadian border and a couple to the Mexican border.
  - ceejayoz 8y ago
    Hell, Fort Wayne, Indiana is within the 100 mile zone, as all of Lake Michigan is deemed to be part of the border. So's all of Seattle, as the entire coastline is deemed to be "border" as well.
- appleflaxen 8y ago
  Border crossing includes oceans. As someone else points out [1] downthread, this covers 2/3rds of the US population 1. https://www.aclu.org/other/constitution-100-mile-border-zone https://www.aclu.org/other/constitution-100-mile-border-zone
  - freeopinion 8y ago
    Border crossing also includes every foreign embassy, etc.
  - URSpider94 8y ago
    You are missing the point. What he is saying is that the 100-mile zone only applies to people who have recently crossed the border. In other words, just because you put two feet on dry land on the coast with 10 kilos of heroin doesn’t mean that Border Patrol can’t bust you. They can do so within 100 miles of the coast, for events relating to a border crossing, but if you simply live in that area and haven’t re-entered the country recently, they have no jurisdiction.
    - MertsA 8y ago
      That's not the case here. Whether or not you've recently crossed the border is completely up to the judgement of a customs and border patrol agent. Customs and border patrol sets up checkpoints to interrogate American citizens in violation of the constitution. This isn't just a hypothetical either, this happens today and anyone that has gone through a checkpoint can attest to that and these checkpoints are often 60 - 70 miles away from any border. https://www.youtube.com/watch?v=wnicMKKSReY https://www.youtube.com/watch?v=wnicMKKSReY

deusofnull 8y ago

Especially since, and correct me if I'm wrong, the oceans count as a border too.

mikeash 8y ago
They do. The result is that 2/3rds of the US population lives within this “border zone.” https://www.aclu.org/other/constitution-100-mile-border-zone https://www.aclu.org/other/constitution-100-mile-border-zone
logfromblammo 8y ago
They count the Great Lakes as well, including all of the Michigan lobe of Michigan-Superior. I'm a bit surprised they don't also count everywhere within 100 mi of the doors into the international terminals of every international airport. If you're going to set an arbitrary limit without legislative oversight, why not set it in a way that maximizes your agency's own power? What's magical about 100 miles, anyway? It seems very suspiciously based on a power of ten of a specific unit of measure, and not on any real distance that may be supported by statistics or analysis. I'd say draw the line where you have a 95% certainty that any persons encountered on the border side of it just crossed over. Which is to say that the border patrol would have to stay on the border side of any major highway, and would need to pay attention to where the boats come and go.

Spooky23 8y ago

The 100 mile zone is tied to a nexus with a border crossing. Everyone living within 100 miles of the cost is not subject to some reinterpretation of law.

hinkley 8y ago
Seattle is 111 miles from the border. Which means the burbs are within 100. Hours away, really. There are quite a few metropolitan areas that close to the Canadian border and a couple to the Mexican border.
- ceejayoz 8y ago
  Hell, Fort Wayne, Indiana is within the 100 mile zone, as all of Lake Michigan is deemed to be part of the border. So's all of Seattle, as the entire coastline is deemed to be "border" as well.
appleflaxen 8y ago
Border crossing includes oceans. As someone else points out [1] downthread, this covers 2/3rds of the US population 1. https://www.aclu.org/other/constitution-100-mile-border-zone https://www.aclu.org/other/constitution-100-mile-border-zone
- freeopinion 8y ago
  Border crossing also includes every foreign embassy, etc.
- URSpider94 8y ago
  You are missing the point. What he is saying is that the 100-mile zone only applies to people who have recently crossed the border. In other words, just because you put two feet on dry land on the coast with 10 kilos of heroin doesn’t mean that Border Patrol can’t bust you. They can do so within 100 miles of the coast, for events relating to a border crossing, but if you simply live in that area and haven’t re-entered the country recently, they have no jurisdiction.
  - MertsA 8y ago
    That's not the case here. Whether or not you've recently crossed the border is completely up to the judgement of a customs and border patrol agent. Customs and border patrol sets up checkpoints to interrogate American citizens in violation of the constitution. This isn't just a hypothetical either, this happens today and anyone that has gone through a checkpoint can attest to that and these checkpoints are often 60 - 70 miles away from any border. https://www.youtube.com/watch?v=wnicMKKSReY https://www.youtube.com/watch?v=wnicMKKSReY