Search And Seizure Paper – Essay Example
Boarder and Regulatory Searches Pertinent to issues of protecting U.S. perimeters under Fourth Amendment, boarder searches were indicated as exceptions to presumptive warrant and probable cause requirements (Kim, 2009, 6). According to the Congressional Research Service, the border is defined as “the point where entry into the United States is first made by land from the neighboring countries of Mexico or Canada, at the place where a ship docks in the United States after having been to a foreign port, or at any airport in the country where international flights first land” (Kim, 2009, 6 – 7). In addition, the rationale for this exception is clearly stipulated, to wit: “The Fourth Amendment does not require warrants or probable cause for most stops and searches at the border because the power to control who or what comes within a nation’s borders is an inherent attribute of national sovereignty” (US v. Ramsey, 1997, 616). In this regard, the issue of reasonableness must still be established.
Border searches are more extensive in perspectives with categories falling into routine (reasonable as occurring at the border with limited intrusion) and non-routine (reasonable suspicion with varying techniques and intrusiveness); functional equivalent (first practical detention point) versus extended border search (with reasonable suspicion of criminal activity); and types of searches and seizures at the border of persons, vehicles and electronic storage devices (Kim, 2009, 9).
Likewise, according to Kim, there are several “bills before the 111th Congress that deal with border security” (Kim, 2009, 19). The bills ensued due to the terrorist attach during the 9/11 event and aimed to increase the safety and security of the United States through detection of terrorist activities in the country. These bills also aim to review their impact on rights of individuals encompassing privacy rights and civil rights of rules made from the proposals.
Kim, Y. (2009). Protecting the U.S. Perimeter: Border Searches under the Fourth Amendment.
Retrieved 02 September 2010.
United States v. Ramsey. (1977). 431 U.S. 616.