Protecting Our Perimeter: "Border Searches" Under the Fourth Amendment

Abstract

This report addresses the scope of the government's 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 9/11 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 Court's view. This report will be updated as warranted.

Open PDF

Document Details

Document Type
Technical Report
Publication Date
May 17, 2005
Accession Number
ADA453600

Entities

People

  • Stephen R. Vina

Organizations

  • Library of Congress

Tags

Communities of Interest

  • Biomedical
  • Ground and Sea Platforms
  • Human Systems

DTIC Thesaurus Topics

  • Border Security
  • Congress
  • Criminals
  • Department Of Homeland Security
  • Governments
  • Homeland Security
  • Judicial Process
  • Law
  • Medical Personnel
  • Personnel Management
  • Security
  • Standards
  • Supreme Court
  • Surveillance
  • Undocumented Noncitizens
  • United States
  • X Rays

Readers

  • International Relations and Conflict Resolution
  • Library and Information Science
  • Systems Analysis and Design