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Wait, CBP actively patrols randomly within those lines and can detain people without a warrant[1] on a "suspicion" which, in a lot of cases, break down to looki

Wait, CBP actively patrols randomly within those lines and can detain people without a warrant[1] on a "suspicion" which, in a lot of cases, break down to looking a certain way. How is that not a constitution-free zone? This whole "well, they need some space around the border to operate" seems to be a red herring. No one's objecting CBP from setting up checkpoint buildings at the US border. They've been doing that since 1789. The extension of this space to 100miles is a travesty. Make it 0.5Mi so CBP can't waltz around random bus stations, and no one will complain. [1] https://www.wweek.com/news/courts/2019/01/28/border-patrol-confirms-portland-comedians-story-about-encounter-at-spokane-greyhound-station-but-defends-agents-actions/ https://www.wweek.com/news/courts/2019/01/28/border-patrol-c...

Aloha 8y ago
I'd be willing to go 5 or even 10 miles
- maxlybbert 8y ago
  The border patrol has had a checkpoint about 60 miles from the border since 1924 ( https://www.ocregister.com/2013/08/16/border-station-is-more-than-checkpoint/ https://www.ocregister.com/2013/08/16/border-station-is-more... , https://goo.gl/maps/Zuv2utFVGVp1xazDA https://goo.gl/maps/Zuv2utFVGVp1xazDA , although, technically, it’s close to the Western border). I’m not saying that’s a good place for a border check station. I’ve always thought it was silly, but it’s been there for a while.
Zak 8y ago
It doesn't seem to me that the major issue is the distance from the border, but whether there are any reasonable destinations between the checkpoint and the border. If there are not, it's reasonable to treat people who pass the checkpoint as if they've crossed the border. It's also reasonable for CBP agents to be able to enforce border-related laws anywhere near the border, subject to the usual law enforcement requirements of reasonable suspicion of a crime based on objective evidence for brief detention, and probable cause for any kind of search. What I find unreasonable is any kind of checkpoint where a substantial number of people passing the point are unlikely to have crossed a border. For example, there's a permanent checkpoint on I10 about 15 miles west of Las Cruces, NM. It's over 30 miles from the border with Mexico in a straight line, and much farther by road. Most people passing this point are traveling between two locations in the US. Everyone is stopped and questioned, and while the questioning is usually not very invasive, it's done with zero individualized suspicion.

Aloha 8y ago

I'd be willing to go 5 or even 10 miles

maxlybbert 8y ago
The border patrol has had a checkpoint about 60 miles from the border since 1924 ( https://www.ocregister.com/2013/08/16/border-station-is-more-than-checkpoint/ https://www.ocregister.com/2013/08/16/border-station-is-more... , https://goo.gl/maps/Zuv2utFVGVp1xazDA https://goo.gl/maps/Zuv2utFVGVp1xazDA , although, technically, it’s close to the Western border). I’m not saying that’s a good place for a border check station. I’ve always thought it was silly, but it’s been there for a while.

Zak 8y ago

It doesn't seem to me that the major issue is the distance from the border, but whether there are any reasonable destinations between the checkpoint and the border. If there are not, it's reasonable to treat people who pass the checkpoint as if they've crossed the border. It's also reasonable for CBP agents to be able to enforce border-related laws anywhere near the border, subject to the usual law enforcement requirements of reasonable suspicion of a crime based on objective evidence for brief detention, and probable cause for any kind of search. What I find unreasonable is any kind of checkpoint where a substantial number of people passing the point are unlikely to have crossed a border. For example, there's a permanent checkpoint on I10 about 15 miles west of Las Cruces, NM. It's over 30 miles from the border with Mexico in a straight line, and much farther by road. Most people passing this point are traveling between two locations in the US. Everyone is stopped and questioned, and while the questioning is usually not very invasive, it's done with zero individualized suspicion.