Protecting the U. S. Perimeter

Protecting the U. S. Perimeter

Author: Yule Kim

Publisher: DIANE Publishing

Published: 2010-11

Total Pages: 24

ISBN-13: 1437920543

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The 4th Amend. requires that a search or seizure conducted by a governmental agent be reasonable and supported by probable cause. Few exceptions to the presumptive warrant and probable cause requirements are more firmly rooted than the ¿border search¿ exception. This allows officials to inspect incoming individuals and their belongings and to interdict incoming contraband without having to inform a magistrate before the search. This report first outlines the statutes authorizing certain fed. officers to conduct warrantless searches. It then addresses the scope of the gov¿t. constitutional authority to search and seize persons and property at the border. It also describes the levels of suspicion generally required for each type of border search.


United States Reports, Volume 543, Cases Adjudged in the Supreme Court at October Term, 2003, Beginning of Term October 4, 2004 Through March 1, 2005

United States Reports, Volume 543, Cases Adjudged in the Supreme Court at October Term, 2003, Beginning of Term October 4, 2004 Through March 1, 2005

Author:

Publisher: Government Printing Office

Published:

Total Pages: 1276

ISBN-13: 9780160876073

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According to the Constitution (Art. III, §2): "The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;-to all Cases affecting Ambassadors, other public Ministers and Consuls;-to all Cases of admiralty and maritime Jurisdiction;-to Controversies to which the United States shall be a Party;-to Controversies between two or more States;--between a State and Citizens of another State;-between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. "In all Cases affecting Ambassadors, other public ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make." Appellate jurisdiction has been conferred upon the Supreme Court by various statutes, under the authority given Congress by the Constitution. The basic statute effective at this time in conferring and controlling jurisdiction of the Supreme Court may be found in 28 U. S. C. §1251 et seq., and various special statutes.