3 ms·
Is a customs check reasonable without probable cause? I understand the pragmatic argument, but not the implicit presumption that an upstanding citizen would co
by ISL 7y ago
Is a customs check reasonable without probable cause?
I understand the pragmatic argument, but not the implicit presumption that an upstanding citizen would come home with contraband.
- roywiggins 7y agoThis court decision linked ends up concluding that CBP doesn't need a warrant, but they do need reasonable suspicion- a much lower standard- before performing a search. More than no suspicion, which is what CBP etc were claiming.
- Slippery_John 7y agoI wonder how much effect this will actually have. Will they count rejection of voluntary search as suspicion of wrongdoing?
- roywiggins 7y agoIt's a trial court opinion, so quite possibly not much, depending on what precedent gets set on appeal.
- hannasanarion 7y ago"reasonable suspicion" is a term of art, not a new thing that was just invented by the court. There is already an abundance of case law that explains what can count as reasonable suspicion and what can't. Refusing a voluntary search is not enough for reasonable suspicion. Here's an explanation of reasonable suspicion in comic form (part of a larger chapter on 4th amendment law): https://lawcomic.net/guide/?p=1833 https://lawcomic.net/guide/?p=1833