Protecting the U.S. Perimeter: Border Searches Under the Fourth Amendment
Description
This report first outlines the statutes authorizing certain federal officers to conduct warrantless searches. It then addresses the scope of the government's constitutional authority to search and seize persons and property at the border. It also describes the varying levels of suspicion generally required for each type of border search as interpreted by the courts. Finally, this report lists several bills before the 111th Congress that address border searches. This report does not address interior searches and seizures performed by immigration personnel since they are not traditional "border searches."
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Description
This report first outlines the statutes authorizing certain federal officers to conduct warrantless searches. It then addresses the scope of the government's constitutional authority to search and seize persons and property at the border. It also describes the varying levels of suspicion generally required for each type of border search as interpreted by the courts. Finally, this report lists several bills before the 111th Congress that address border searches. This report does not address interior searches and seizures performed by immigration personnel since they are not traditional "border searches."
This report is part of the following collection of related materials.
Congressional Research Service Reports
The Congressional Research Service (CRS) is the public policy research arm of Congress. This legislative branch agency works exclusively for Members of Congress, their committees and their staff. This collection includes CRS reports from the mid-1960's through 2018—covering a variety of topics from agriculture to foreign policy to welfare.
Kim, Yule.Protecting the U.S. Perimeter: Border Searches Under the Fourth Amendment,
report,
June 29, 2009;
Washington D.C..
(https://digital.library.unt.edu/ark:/67531/metadc26206/:
accessed April 16, 2024),
University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu;
crediting UNT Libraries Government Documents Department.