Protecting the U.S. Perimeter: "Border Searches" Under the Fourth Amendment
Description
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 and legislative actions taken in the 108th, 109th, and 110th Congresses.
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Description
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 and legislative actions taken in the 108th, 109th, and 110th Congresses.
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 27, 2008;
Washington D.C..
(https://digital.library.unt.edu/ark:/67531/metadc462911/:
accessed February 12, 2025),
University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu;
crediting UNT Libraries Government Documents Department.