SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

Chapter 14
Border Searches:
General Rule: The United States has an interest in keeping drugs and
undocumented aliens, etc., out of the country. Therefore, the search and seizure
standards are relaxed a bit at the International Borders. (Carroll v. United States
(1925) 267 U.S. 132, 154 [69 L. Ed. 543, 551-552].)
“(B)order searches ...[are] considered to be ‘reasonable’ by the single fact
that the person or item in question has entered into our country from
outside.” (United States v. Ramsey (1977) 431 U.S. 606, 619 [52 L.Ed.2 nd
617, 628].)
“(A)t least with respect to the Fourth Amendment’s suspicion
requirements, a routine border search ‘is by its very nature reasonable.’”
(United States v. Guzman-Padilla (9 th Cir. 2009) 573 F.3 rd 865, 877;
quoting United States v. Dobson (9 th Cir. 1986) 781 F.2 nd 1374, 1376.)
“‘The task of guarding our country’s border is one laden with immense
responsibility.’ United States v. Bravo, 295 F.3 rd 1002, 1005 (9 th Cir.
2002). Border agents serve as our first line of defense in preventing
people intent on violating our laws from coming into our country.”
(United States v. Hernandez (9 th Cir. 2002) 314 F.3 rd 430, 433-434.)
However, while Border Patrol agents may conduct routine searches
“without any articulable level of suspicion,” they still need
“probable cause” to make a warrantless arrest. (Id., at p. 434.)
“The government has more latitude to detain people in a border-crossing
context [Citation], but such detentions are acceptable only during the time
of extended border searches [Citations].” (United States v. Juvenile [RRA-
A] (9 th Cir. 2000) 229 F.3 rd 737, 743.)
The statutory arrest and search authority for officers and employees of the
Immigration and Nationalization Service (i.e., Border Patrol) is contained in 8
U.S.C. § 1357(a): “Powers without a warrant. Any officer or employee of the
Service authorized under regulations prescribed by the Attorney General shall
have power without a warrant:”
To interrogate any alien or person believed to be an alien as to his right to
be or to remain in the United States. (Subd. (1))
To arrest aliens entering, or who have already entered, the United States
illegally. (Subd. (2))
© 2012 Robert C. Phillips. All rights reserved
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