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Borderline searches and seizures | 19 comments (19 topical) | Post A Comment
Where exactly DO we draw the line?[ Reply to This ] (none / 0) (#9)
by Anonymous User on Tue Jul 01, 2008 at 11:24:18 AM PDT

We should draw the line at the border. As was pointed out, borders are inherently different and the probable cause requirements have always been minimal. However, the border patrol has recently been conducting domestic roadblocks and temporary checkpoints at places other than the border with the same set of criteria they use at the border, virtually no probable cause. (I have personally experienced them in the Pacific Northwest inland from the Canadian border by many miles). This I believe crosses the line that the constitution DID establish.

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Border searches don't have to occur at the line[ Parent | Reply to This ] (none / 0) (#12)
by Anonymous User on Wed Jul 02, 2008 at 08:33:55 AM PDT

Technically, "Border" searches do not have to happen at the physical border, it being a line of infinitesimally small width. Therefore, searches have to happen some distance from the actual border. How far is too far? I think that would be a question for the courts, if evidence were seized at a roadblock where the person the evidence was seized from did not actually complete a recent border crossing. If you have recently completed a border crossing, I don't see any problem with setting up the checkpoint a few miles inland, if that happens to be the most convenient place. Yeah, a CBP checkpoint in the middle of an Interstate in Iowa would be out of line, but where should the line be drawn? For so-called "inland ports", shipping containers are not opened or inspected at the port of entry; instead they are loaded on trucks or trains, taken to some inland destination, and only there are processed by Customs, even though they may have been on U.S. soil several days, and be hundreds of miles from, their port of entry. SirWired

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Borderline searches and seizures | 19 comments (19 topical) | Post A Comment
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