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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.
Date: June 27, 2008
Creator: Kim, Yule
Partner: UNT Libraries Government Documents Department

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."
Date: June 29, 2009
Creator: Kim, Yule
Partner: UNT Libraries Government Documents Department