Functional equivalent of the border


As stated in (CBP

U.S. Customs and Border Protection

United States Customs and Border Protection is the largest federal law enforcement agency of the United States Department of Homeland Security, and is the country’s primary border control organization. It is charged with regulating and facilitating international trade, collecting import …

“The Border, Functional Equivalent of the Border” 1999 edition” The Functional Equivalent of the border is a place such as an international airport sea port, or sorting hub where goods and or luggage are entering or leaving the United States.

A search at the border’s functional equivalent is constitutionally valid when: (1) a reasonable certainty exists that the person or thing crossed the border; (2) a reasonable certainty exists that there was no change in the object of the search since it crossed the border; and (3) the search was conducted as soon as …Jun 29, 2009


Does the 4th Amendment apply at the border?

This balance at international borders means that routine searches are “reasonable” there, and therefore do not violate the Fourth Amendment’s proscription against “unreasonable searches and seizures”.

Are border checkpoints constitutional?

The Supreme Court has upheld the use of immigration checkpoints, but only insofar as the stops consist only of a brief and limited inquiry into residence status. Checkpoints cannot be primarily used for drug-search or general law enforcement efforts.

Can Border Patrol detain a US citizen?

Agents should not ask questions unrelated to verifying citizenship, nor can they hold you for an extended time without cause. Even though you always have the right to remain silent, if you don’t answer questions to establish your citizenship, officials may detain you longer in order to verify your immigration status.

What is an extended border search?

“extended border searches” of individuals found within the United States if there is both reasonable certainty of a recent. border crossing and reasonable suspicion of unlawful activity. Government officers may also conduct certain warrantless. searches near the border that do not require evidence of a border crossing.

Do you have to answer if you are a U.S. citizen at a checkpoint?

If you are held at the checkpoint for more than brief questioning, you can ask the agent if you are free to leave. You always have the right to remain silent. However, if you don’t answer questions to establish your citizenship, officials may detain you longer in order to verify your immigration status.

Can Border Patrol ask for id?

tl;dr According to the ACLU, who are experts on this… yes, it is perfectly legal for you to refuse to provide documentation or ID to border patrol, and your refusal cannot be used as a basis for reasonable suspicion of an immigration violation.

Can a U.S. citizen be denied entry to the US?

If you are a non-citizen visa holder or visitor, you may be denied entry into the United States if you refuse to answer officers’ questions. Officers may not select you for questioning based on your religion, race, national origin, gender, ethnicity, or political beliefs.

Can a country refuse entry to a citizen?

Some sovereign states refuse entry to all citizens of certain states. These restrictions differ from travel visa requirements, which require travelers to obtain permission to enter a country in advance of their travel.

Why are border agents so rude?

Porter says that there’s only one reason that border agents act rude. “The approach serves no purpose other than to make the questioner feel superior to the questioner and completely undermines good credibility assessment and our ability to catch terrorists,” Porter says.

Can you cross the border with just a green card?

Permanent residents of the United States (green card holders) must present their passports to enter the U.S. by air, but they only have to show their legal resident cards to cross the border by land or sea.

Can Border Patrol keep my car?

An important question to ask is: can CBP take my car if the illegal aliens are adults who willingly came into the country with no knowledge of their unlawful entry? The answer is yes because by coming across the border, even adults have committed a crime for which CBP would seize your vehicle under federal laws.

Do they check your car going into Mexico?

If you are selected for secondary inspection, the officials will generally take a look in your trunk and glance inside the vehicle to see if you are bringing anything that should have been declared. The process takes a couple minutes or so unless they find something undeclared.

What does the Constitution say about immigration?

The clause states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.”

Do CBP officers have police powers?

CBP Officers (CBPO) CBP officers have full law enforcement powers on and off duty.

Can an immigration officer pull you over?

Customs and Border Patrol are also conducting roving patrols and may also attempt to pull you over. They must have reasonable suspicion that the driver or passengers in your car committed some immigration violation or a federal crime, and they must have a probable cause to continue the stop.

Can Border Patrol search your vehicle?

In order to search your vehicle without probable cause in an area near the border the officer must have reasonable certainty that there was contraband in your vehicle at the time you crossed the border and reasonable suspicion that the search will uncover either contraband or evidence of criminal activity.

What is the functional equivalent of the border?

Understand when mentioning “functional equivalent”, this means the final port of entry after persons and property have entered the United States . The Fourth Amendment originally enforced the notion that “each man’s home is his castle”, secure from unreasonable searches and seizures of property by the government. It protects against arbitrary arrests, and is the basis of the law regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance, as well as being central to many other criminal law topics and to privacy law. (Cornell University Law School, 2015)

Why is it difficult for CBP agents to search every single person crossing the border?

Another challenge that CBP agents face is that with our open borders agreement of NAFTA with our neighboring countries of Mexico and Canada, it makes it impossible for agents to search every single person and vehicle crossing the border because it would disrupt the flow of commerce

What is the Fourth Amendment exception as it pertains to border searches?

The exception’s under border searches grants permission for authorities the sovereign

What is the importance of border and coastal waterways?

Borders and Coastal waterways are a vital part of life in numerous countries, and nations around the world. Protecting borders and ports is a responsibility tasked to various agencies throughout the United States government, Private Sector, as well as nations around the world. Therefore, there are countless challenges and obstacles that need to be properly addressed in dealing with this multi faceted topic. Describe the challenges faced by US Customs and Border Protection agents attempting to

How many miles of border are there between Canada and Mexico?

The task of securing approximately 6000 miles of physical border shared with Canada, and Mexico, is not easy task. While the US border shared with Canada is the larger of the two land borders, the border with Canada is much less demanding than that of the southern border with Mexico. This is largely in part because Canada is largely similar to the United

What is Hellerstein 2011 Chapter 1?

a. INTRODUCTION Basic Info 1. Sales and Use Tax a. USE TAX 1. Tax on storage, use or other consumption in the sate of tangible personal property. 2. Assessed upon “tax free” personal property purchased by a resident of the assessing state for use, storage, or consumption of goods in that state regardless of where the purchase too place

Should enforcement resources at the border be increased?

Contrary to the conventional wisdom that the participants in today’s immigration debate are nurturing, enforcement resources at the border should not be increased. Indeed, they should be reduced, and the funds redirected toward upgrading the overwhelmed ports of entry on the border through which the legitimate transactions in the vast, complicated U.S.-Mexican relationship must pass.

Is border security a political issue?

In our immigration debate, border security is ultimately a political question, not an empirical one. It is used by anti-reform advocates as a condition : Until we have it, they claim we don’t deserve an immigration process that works. But most informed people consider creating a commonsense immigration process to be in the national interest. It would produce tangible benefits for our country. Why should we wait until something else, which we can’t even identify, is accomplished before we do something that makes America a better country?

Who performs border searches?

Border searches must be performed by an officer or otherwise properly authorized officer with border search authority, such as an ICE Special Agent. In the course of a border search, and absent individualized suspicion, officers can review and analyze the information transported by any individual attempting to enter, reenter, depart, pass through, or reside in the United States, subject to the requirements and limitations provided herein. Nothing in this policy limits the authority of an officer to make written notes or reports or to document impressions relating to a border encounter.

What is the job of CBP?

CBP is responsible for ensuring compliance with customs, immigration, and other Federal laws at the border. To that end, officers may examine documents, books, pamphlets, and other printed material, as well as computers, disks, hard drives, and other electronic or digital storage devices. These examinations are part of CBP’s long-standing practice and are essential to uncovering vital law enforcement information. For example, examinations of documents and electronic devices are a crucial tool for detecting information concerning terrorism, narcotics smuggling, and other national security matters; alien admissibility; contraband including child pornography, monetary instruments, and information in violation of copyright or trademark laws; and evidence of embargo violations or other import or export control laws.

What is the CBP policy?

This policy provides guidance to U.S Customs and Border Protection (CBP) Officers, Border Patrol Agents, Air and Marine Agents, Internal Affairs Agents, and any other official of CBP authorized to conduct border searches (for purposes of this policy, all such officers and agents are hereinafter referred to as “officers”) regarding the border search of information contained in documents and electronic devices. More specifically, this policy sets forth the legal and policy guidelines within which officers may search, review, retain, and share certain information possessed by individuals who are encountered by CBP at the border, functional equivalent of the border, or extended border. This policy governs border search authority only; nothing in this policy limits the authority of CBP to act pursuant to other authorities such as a warrant or a search incident to arrest.


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