Overview[]
The general rule is that a border search of a person or his or her effects can be conducted without a warrant and without suspicion as long as it is deemed a routine border search.[1] Routine border searches allow law enforcement agents to properly patrol the borders of the United States because agents may prevent citizens and non-citizens alike from furthering crimes, introducing contraband into the United States, or threatening national security.[2] Furthermore, because courts have held that travelers have a lessened expectation of privacy at the border while the government's interest "in preventing the entry of unwanted persons and effects is at its zenith,"[3] searches of outer clothing, luggage, purses, wallets, pockets, or shoes do not substantially infringe on a traveler's privacy rights on balance.[4]
References[]
- ↑ See United States v. Montoya de Hernandez, 473 U.S. 531, 538 (1985) (full-text) ("[r]outine searches of the persons and effects of entrants are not subject to any requirement of reasonable suspicion, probable cause, or warrant.")
- ↑ United States v. Okafor, 285 F.3d 842, 845 (9th Cir. 2002) (full-text).
- ↑ United States v. Flores-Montano, 541 U.S. 149, 152 (2004) (full-text).
- ↑ United States v. Grotke, 702 F.2d 49, 51-52 (2d Cir. 1983) (full-text).