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To: PubliusMM

So you think there are, or should be, Constitutional protection against search or seizure at the borders?

I’m quite familiar with the Constitution, thank you.

Until I have passed through customs, I am not legally in the USA and therefore the 4th Amendment does not apply. Unless for some odd reason you think the Constitution applies throughout the world.

I would be interested in any reference you can find to 4A’s warrant requirement’s EVER having applied to customs. I doubt you can find one.


20 posted on 01/25/2014 9:32:07 AM PST by Sherman Logan
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To: Sherman Logan
So you think there are, or should be, Constitutional protection against search or seizure at the borders?

As an American citizen, yes, you should have the same protections from our government no matter where you are. Just because you go to another country doesn't mean you give up any of your rights. (You may have to live by another country's rules, but the US has no place in enforcing that.) For foreign citizens, yes, they don't fall under US jurisdiction the same way citizens do, and they should be susceptible to searches as required.
23 posted on 01/25/2014 9:51:26 AM PST by Svartalfiar
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To: Sherman Logan
"Unless for some odd reason you think the Constitution applies throughout the world."

Do you still have a right to trial by Jury if you committed a capital crime like Murder in the USA and are indicted but are not within its borders. And since you are not within the borders of the United States is it OK that the Government assassinates you rather than go through with a messy trial?

24 posted on 01/25/2014 10:00:27 AM PST by Mad Dawgg (If you're going to deny my 1st Amendment rights then I must proceed to the 2nd one...)
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To: Sherman Logan
So you think there are, or should be, Constitutional protection against search or seizure at the borders?

It must; the restraints of the Constitution are obviously on the government, not the people.

Until I have passed through customs, I am not legally in the USA and therefore the 4th Amendment does not apply. Unless for some odd reason you think the Constitution applies throughout the world.

Question: if you are traveling abroad, and the US Government decides that you've committed a crime, can it kill you in contravention to the 5th and 6th amendments which guarantee: due-process of law, that all prosecution of capitol offenses be validated by presentment/indictment of a Grand Jury, that the accused should have jury trial where the offense occurred, that the accused should be "informed of the nature and cause of the accusation", and that he should be able to mount a defense?

28 posted on 01/25/2014 10:59:14 AM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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