About: Border search exception   Sponge Permalink

An Entity of Type : owl:Thing, within Data Space : 134.155.108.49:8890 associated with source dataset(s)

Warrantless searches are per se unreasonable under the Fourth Amendment, unless a court determines that the search is subject to an established exception. Few exceptions to the presumptive warrant and probable cause requirements of the Fourth Amendment are more firmly rooted than the border search exception. Authorized by the First Congress, the border search exception has a history as old as the Fourth Amendment and obtains its broad power from Congress’s authority to regulate commerce with foreign nations and to enforce immigration laws.

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  • Border search exception
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  • Warrantless searches are per se unreasonable under the Fourth Amendment, unless a court determines that the search is subject to an established exception. Few exceptions to the presumptive warrant and probable cause requirements of the Fourth Amendment are more firmly rooted than the border search exception. Authorized by the First Congress, the border search exception has a history as old as the Fourth Amendment and obtains its broad power from Congress’s authority to regulate commerce with foreign nations and to enforce immigration laws.
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  • Warrantless searches are per se unreasonable under the Fourth Amendment, unless a court determines that the search is subject to an established exception. Few exceptions to the presumptive warrant and probable cause requirements of the Fourth Amendment are more firmly rooted than the border search exception. Authorized by the First Congress, the border search exception has a history as old as the Fourth Amendment and obtains its broad power from Congress’s authority to regulate commerce with foreign nations and to enforce immigration laws. Courts have determined that border searches usually fall into two categories — routine and nonroutine. Generally, the distinction between "routine" and "nonroutine" turns on the level of intrusiveness.
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