The Border Patrol is just using the same techniques they are used to using.
Constitutional protections, particularly Fourth Amendment rights against warrantless searches, are significantly reduced at U.S. borders and their "functional equivalents" (e.g., international airports). Under the "border search exception," federal agents may conduct routine searches of people and property without a warrant, reasonable suspicion, or probable cause to secure the border.
Key Details on Reduced Protections:
- 100-Mile Zone: CBP claims authority to operate within 100 miles of any external U.S. boundary, covering nearly two-thirds of the population.
- Border Patrol Authority: Within this zone, agents may stop vehicles for brief, suspicion-less questioning about immigration status at checkpoints.
- Limited Searches: While agents do not need a warrant to stop vehicles in this zone, they generally still need "reasonable suspicion" for roving patrols or "probable cause" to search private property (excluding dwellings).
- Search Limitations: The Supreme Court has held that while routine border searches do not require suspicion, more intrusive searches (like a strip search) or property destruction may require it.
While some constitutional rights apply to everyone in the U.S., the "border search exception" justifies, via national interest, enhanced government surveillance and detention authority in these areas. |
