4 ms·

Except it actually does, they probably won't exercise that ability frequently, but they have the power to do that without any inherent legal restrictions or con

by munk-a 7y ago

Except it actually does, they probably won't exercise that ability frequently, but they have the power to do that without any inherent legal restrictions or conditions. A CBP officer could yank you out of your car on the cross bronx expressway and then search the vehicle top to bottom and your legal recourse would be to hope that CBP feels bad and reimburses you somehow, you would be owed no legal damages because it isn't illegal. This isn't hyperbole, it's actually that ridiculous.

Spooky23 7y ago
Only if there was a "significant temporal nexus" between the search and border crossing. From the Congressional Research Service: (https://fas.org/sgp/crs/homesec/RL31826.pdf https://fas.org/sgp/crs/homesec/RL31826.pdf, page 8) > Under the “extended border search” doctrine, government officials may conduct a warrantless search beyond the border or its functional equivalent if (1) the government officials have a reasonable certainty that a border was crossed or there exists a “high degree of probability” that a border was crossed; (2) they also have reasonable certainty that no change in the object of the search has occurred between the time of the border crossing and the search; and (3) they have “reasonable suspicion” that criminal activity was occurring. In online reporting, there is often significant confusion between the "Extended Border Area" (ie. the 100 mile zone) and the "Functional Equivalent of the Border" (ie. an airport customs zone).
- munk-a 7y ago
  So, prior to this thing there was always an exemption for warrantless searches carried out under exigent circumstances. The addition of this law does nothing but weaken an existing, and highly clarified, exemption.
  - Spooky23 7y ago
    The current policy has been in effect since the Korean War. It’s difficult to compare pre-war policy to today. Border activity was mostly about taxation in those days. The only new thing is the increased size of the sprawling bureaucracy of Customs and the Border Control, and the increased tempo of operations. The real problem is the growth of executive power and the supine nature of the Congress and courts. This particular issue has attention due to the disgusting conduct of the current administration. We live in an era where the President believes that he posses banana republic like presidential immunity and executive privilege.

by munk-a 7y ago

Spooky23 7y ago

Only if there was a "significant temporal nexus" between the search and border crossing. From the Congressional Research Service: (https://fas.org/sgp/crs/homesec/RL31826.pdf https://fas.org/sgp/crs/homesec/RL31826.pdf, page 8) > Under the “extended border search” doctrine, government officials may conduct a warrantless search beyond the border or its functional equivalent if (1) the government officials have a reasonable certainty that a border was crossed or there exists a “high degree of probability” that a border was crossed; (2) they also have reasonable certainty that no change in the object of the search has occurred between the time of the border crossing and the search; and (3) they have “reasonable suspicion” that criminal activity was occurring. In online reporting, there is often significant confusion between the "Extended Border Area" (ie. the 100 mile zone) and the "Functional Equivalent of the Border" (ie. an airport customs zone).

munk-a 7y ago
So, prior to this thing there was always an exemption for warrantless searches carried out under exigent circumstances. The addition of this law does nothing but weaken an existing, and highly clarified, exemption.
- Spooky23 7y ago
  The current policy has been in effect since the Korean War. It’s difficult to compare pre-war policy to today. Border activity was mostly about taxation in those days. The only new thing is the increased size of the sprawling bureaucracy of Customs and the Border Control, and the increased tempo of operations. The real problem is the growth of executive power and the supine nature of the Congress and courts. This particular issue has attention due to the disgusting conduct of the current administration. We live in an era where the President believes that he posses banana republic like presidential immunity and executive privilege.