Comment by iAMkenough

2 years ago

Given the US has a 4th Amendment-free zone within 100 miles of all national borders in the name of national security, I expect the same justification and level of oversight here.

https://www.aclu.org/documents/constitution-100-mile-border-...

20 comments

iAMkenough

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forward1  2 years ago

This is a common misconception. The 100 mile radius does not waive 4th Amendment protection. A reasonable suspicion of immigration law violation is still required to detain, search and ultimately arrest individuals. To wit: please name a single instance of someone having their rights abused by this so-called "zone".

  • lolinder  2 years ago

    This article [0] lists several cases of warrantless searches, one of which was in Florida. Apparently that 100 mile radius isn't just from the Canadian border or the Mexican border, it's also 100 miles from any coast, which means that 2/3 of the population lives within that radius.

    As far as "reasonable suspicion" goes, I'm increasingly unwilling to support the right of law enforcement to independently, without oversight, determine what is "reasonable".

    [0] https://www.nationalreview.com/2018/02/border-patrol-warrant...

    • forward1  2 years ago

      Where is the "warrantless search"?

      > [CBP officers] demanded proof of citizenship from the passengers

      > CBP officers boarded a bus in Bangor, Maine

      None of those are searches, they are temporary detentions with strong legal basis and case law going back to Terry. To wit:

      > most people have no idea that they can refuse to be searched at a roadblock or bus boarding

      Ignorance of the law != warrantless searches. Arm yourself with knowledge, just as the Founding Fathers intended.

      5 replies →

  • a_wild_dandan  2 years ago

    https://radiolab.org/podcast/border-trilogy-part-1

    Poor school kiddos. :( Anyway, if you prefer text, click the transcript. I recommend listening though, if you have time!

    • forward1  2 years ago

      The format of this podcast is insufferable, like listening to two befuddled people in a retirement home exchange "witty" banter.

      I looked it up though. This was 30 years ago. The court issued Border Patrol an injunction and protected students from discimination. A perfect example of the legal system acting justly and prudently, which only supports my argument that unbridled searches within 100 miles of the border is hyperbole only.

      1 reply →

  • ddalex  2 years ago

    Not sure why down voted. Even the quoted article states:

    > Border Patrol, nevertheless, cannot pull anyone over without “reasonable suspicion” of an immigration violation or crime (reasonable suspicion is more than just a “hunch”). Similarly, Border Patrol cannot search vehicles in the 100-mile zone without a warrant or “probable cause” (a reasonable belief, based on the circumstances, that an immigration violation or crime has likely occurred).