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To: Terabitten
Please do not put words in my mouth.

I guess I don't understand. You used the word “proximity.” Tell me what you mean. Tell me what your “numerous” decisions said. You say that this “proximity” whatever it is grants official “probable cause” which strikes me as abrogation of the fourth amendment which is part of the Bill of Rights. What am I missing?

ML/NJ

77 posted on 04/24/2009 8:03:55 AM PDT by ml/nj
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To: ml/nj
Here's a relevant passage from FindLaw.

First they talk about actual border stops (all emphasis mine):

Border Searches .--''That searches made at the border, pursuant to the longstanding right of the sovereign to protect itself by stopping and examining persons and property crossing into this country, are reasonable simply by virtue of the fact that they occur at the border, should, by now, require no extended demonstration.'' 87 Authorized by the First Congress, 88 the customs search in these circumstances requires no warrant, no probable cause, not even the showing of some degree of suspicion that accompanies even investigatory stops. 89 Moreover, while prolonged detention of travelers beyond the routine customs search and inspection must be justified by the Terry standard of reasonable suspicion having a particularized and objective basis, 90 Terry protections as to the length and intrusiveness of the search do not apply. 91

Then they talk about inland stops, broken down by roving patrols vs. fixed checkpoints.

Inland stoppings and searches in areas away from the borders are a different matter altogether. Thus, in Almeida-Sanchez v. United States, 92 the Court held that a warrantless stop and search of defendant's automobile on a highway some 20 miles from the border by a roving patrol lacking probable cause to believe that the vehicle contained illegal aliens violated the Fourth Amendment. Similarly, the Court invalidated an automobile search at a fixed checkpoint well removed from the border; while agreeing that a fixed checkpoint probably gave motorists less cause for alarm than did roving patrols, the Court nonetheless held that the invasion of privacy entailed in a search was just as intrusive and must be justified by a showing of probable cause or consent. 93 On the other hand, when motorists are briefly stopped, not for purposes of a search but in order that officers may inquire into their residence status, either by asking a few questions or by checking papers, different results are achieved, so long as the stops are not truly random. Roving patrols may stop vehicles for purposes of a brief inquiry, provided officers are ''aware of specific articulable facts, together with rational inferences from those facts, that reasonably warrant suspicion'' that an automobile contains illegal aliens; in such a case the interference with Fourth Amendment rights is ''modest'' and the law enforcement interests served are significant. 94 Fixed checkpoints provide additional safeguards; here officers may halt all vehicles briefly in order to question occupants even in the absence of any reasonable suspicion that the particular vehicle contains illegal aliens. 95

So, it's not that you don't have any 4th Amendment rights at the border, but that the 4th Amendment's requirements for "reasonableness" of the search are met by virtue of you coming into the country. This is why you will meet Customs & Border Protection officers if you were to fly into any international airport, regardless of how far it is to a "border," like Denver, Atlanta, or Salt Lake City. It's still a port of entry into the US.

81 posted on 04/24/2009 11:01:57 AM PDT by Terabitten (To all RINOs: You're expendable. Sarah isn't.)
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