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There should be for citizens of the United States re-entering the United States. It says so in the Constitution. "The right of the people to be secure in their
by ISL 8y ago
There should be for citizens of the United States re-entering the United States.
It says so in the Constitution. "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
That is not how it is in practice, but the Constitution is quite clear on the subject.
- otterley 8y agoAttorney here! (Not providing legal advice.) The power to conduct border searches, even without probable cause, is considered well-settled under the law as not contravening the Constitution. See, e.g., U.S. v. Ramsey, 431 U.S. 606 (1977).
- ISL 8y agoEntirely agreed that precedent accords Customs their present powers. From the case's dissent: "If the Government is allowed to exercise he power it claims, the door will be open to the wholesale, secret examination of all incoming international letter mail. No notice would be necessary either before or after the search." Viewed from a post-Snowden perspective, it sounds predictive. Segregation, too, was once considered well-settled. That didn't make it right nor consistent with the Constitution, which has not changed its language on the subject since 1868.