Protecting Our Perimeter: "Border Searches" Under the Fourth Amendment
LIBRARY OF CONGRESS WASHINGTON DC CONGRESSIONAL RESEARCH SERVICE
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This report addresses the scope of the governments authority to search and seize individuals at the border pursuant to the constitutional framework that encompasses the border search exception to the warrant and probable cause requirements of the Fourth Amendment. This report also describes the varying levels of suspicion generally associated with each type of border search as interpreted by the courts. In addition, this report highlights some of the border security recommendations made by the 911 Commission, legislative actions taken in the 108th and 109th Congress, and features of the Minuteman Project. This report does not address interior searches and seizures performed by immigration personnel since they are not traditional border searches in the Courts view. This report will be updated as warranted.
- Sociology and Law