4 ms·
The government (via their customs agents) can search anything they want at the border and need neither probable cause or a warrant. Not going to work.
by evgen 6y ago
The government (via their customs agents) can search anything they want at the border and need neither probable cause or a warrant. Not going to work.
- lotsofpulp 6y agoWhich is defined as 100 miles from any border: https://www.aclu.org/other/constitution-100-mile-border-zone https://www.aclu.org/other/constitution-100-mile-border-zone
- yardie 6y agoThey definitely need a warrant and definitely need probably cause. And it definitely has to be within the jurisdiction of CBP, ie. they can't pull you over for running a light. What you do have is a lot of Americans will defer to LEOs without a second thought.
- evgen 6y agoNo, they really don't need a warrant and they really don't need probable cause. I could pull out USC refs but just read https://en.wikipedia.org/wiki/Border_search_exception https://en.wikipedia.org/wiki/Border_search_exception
- yardie 6y agoMy mistake, I was actually replying to lotsofpulp on the 100 mile border zone. Once you've cleared the border it's not a free for all. All rights, except those related to the border crossing, are restored.
- gamblor956 6y agoNo, they still need probable cause of an immigration or customs violation away from the border but within the 100 mile zone. The government's position is that they do not. The courts have disagreed, especially with respect to using evidence found under such circumstances in criminal cases.
- blendergeek 6y agoAt the border, they need neither a warrant nor probable cause. https://en.wikipedia.org/wiki/Border_search_exception https://en.wikipedia.org/wiki/Border_search_exception
- yardie 6y agoThis is correct. I mistakenly entered the wrong reply. I was referring to the 100 mile border zone. IT's not the same as the border crossing so I'm not sure why people continue to refer to it as being a rights free zone when it comes to CBP.