There is something of a "movement" to thus respond

by Charles, Wednesday, December 18, 2013, 13:01 (3936 days ago) @ Alfred John
edited by Charles, Wednesday, December 18, 2013, 13:12

That is not entirely true. There is no requirement for probably cause or a warrant to search anybody for anything who cross the border into this country. This apply only actual crossing into the United States at a port of entry or seen by an Immigration Inspector. This right to search extends to anywhere in the United States as long as the person or vehicle is within the sight of the inspectors. Once they lose sight of the person or vehicle this right ends. This has been the law and has been litigated numerous times since the Washington administration.

The case that bought the extended right of border search to SCOTUS was when some Feds followed a load of dope from the port of entry all the way to Chicago waiting for it be transferred. After over a week they pounced and had no warrant and that was the defense of the doper. The dopers contended the Feds violated the 4th Amendment. SCOTUS rules the right of border search extends anywhere is the US as long as the person or vehicle is not our of the sight of the agents. This was back in the 60's.

The inland Immigration checkpoints do not have such an unqualified right to border search. This was litigated back in the 70's and SOCTUS so ruled. At such an inspection station, it requires either permission to search or a warrant based on probably cause.

The laws regarding search at the border and at the inland checkpoint is not the same and anybody who says different does not know the law. That 200 miles stuff is bogus, as most checkpoints are located much closer to the border than 200 miles. The one I go through coming back from the shooting range is less than one miles from the Rio Grande River as the crow flys. The others in my area are located South of Sarita on Hwy 77 and South of Falfurrias on Hwy 281 and both are closer than 200 miles to the border.

I hate to be so emphatic, but I do know this stuff, teach this stuff and can furnish US Supreme Court cases to prove it, if push comes to shove. I can and have been wrong on many things in my life, but this is not one of them.