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Border Searches

  • Date Submitted: 05/16/2010 12:29 PM
  • Flesch-Kincaid Score: 60.7 
  • Words: 368
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When it comes to border searches, the fourth amendment does not apply. When coming to the United States from either Canada or Mexico there are five different searches that the border deals with. The first search is right there at the border, the second is a fixed checkpoint, the third is roving patrols, the fourth is international mail, and finally the last one is boarding ships and open water. The actual border is one of the main searches it haves to option routine and non-routine. Routine is any person coming in must be stopped and searched without probable cause or reasonable suspicion. Non-routine the fourth amendment requires that would have reasonable suspicion of a crime to justify the search. The sixed checkpoint is about 100 miles away from the border. The procedure is called stop and frisk, and arrest. The main point is that probable cause is needed to search a car. Once the first stop is made if the agent believes he or she suspect something they will send the car to a secondary inspection were another agent question the suspect for 3 to 5 minutes. During this search, the car truck cannot be open at all. The roving patrols are located among the roads and off roads within 100 air mile of the border. According to the United States V. Brignoni-Ponce states that roving patrols need to have reasonable suspicion, with articulable facts with rational inferences that a car contains illegal aliens. When it comes to searching and investigation international mail, a customs official must have reasonable suspicion that mail has contraband to search. Controlled deliveries are another option that is used, which is when an initial inspection of shipment indicates that there is some type of drugs. The package is then open, re sealed in a different package, and it is delivering to the defendant by undercover agent, which then leads to an arrest. Boarding and searching seagoing vessels is under the federal law since 1790. Coast guard and custom officers may without a...

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