Border Search

Question 1

AMB 5000 CH4

Where does OAM’s Customs authority to search at the border come from?

Answer 1

19 USC 482, 1581, 1582, and 1583

Question 2

AMB 5000 CH4

Where does OAM’s Immigration authority to search at the border come from?

Answer 2

INA 235, and 287

Question 3

AMB 5000 CH4

What are the prerequisites for a Border Search?

Answer 3

1. ) Performed by an authorized government agent
2. ) Searching for merchandise
3. ) Conducted at the Border

Question 4

AMB 5000 CH4

Who are the authorized government agents that can perform a Border Search?

Answer 4

1. ) Air & Marine Interdiction Agents
2. ) Aviation Enforcement Officers
3. ) Border Patrol Agents
4. ) ICE Special Agents
5. ) USCG Officers (E4 and above)
6. ) Anyone designated by CBP

Question 5

AMB 5000 CH4

Describe what items are covered under “Searching for Merchandise” during a Border Search.

Answer 5

1. ) Goods, Ware, and Chattels
2. ) Prohibited Items
3. ) Monetary Instruments
4. ) Aliens
5. ) Evidence of Alien’s admissibility

Question 6

AMB 5000 CH4

When a Border Search is conducted what are the three places that constitute “the border” that the search can be accomplished.

Answer 6

1. ) Actual
2. ) Functional Equivalent of the Border (FEB)
3. ) Extended Border

Question 7

AMB 5000 CH4

To perform a FEB Inbound border search what is required?

Answer 7

1. ) Reasonable certainty there has been a Border NEXUS
2. ) Reasonable certainty there has been no material change since the nexus event occurred.
3. ) The Search must take place at the first practical detention point following the nexus event.

Question 8

AMB 5000 CH4

To perform a FEB Outbound border search what is required?

Answer 8

1. ) Reasonable certainty that there will be a Border NEXUS
2. ) Reasonable certainty that there will be no material change before the border nexus occurs.
3. ) The Search must occur at the last practical detention point before the nexus.

Question 9

AMB 5000 CH4

To perform an Extended Border search what is required?

Answer 9

1. ) Reasonable certainty there has been a border nexus
2. ) Reasonable certainty there has been no material change since border nexus
3. ) Reasonable suspicion of criminal activity.

Question 10

AMB 5000 CH4

19 USC 1595(b) permits Air & Marine Interdiction Agents to do what?

Answer 10

Enter the curtilage of a dwelling for the purpose of conducting a border detention and search.

*However, agents may NOT enter the curtilage of a dwelling while “Patrolling the border” pursuant to INA 287(a)(3) authority within 25 miles of the external boundary of the United States.

Question 11

AMB 5000 CH4

What is the primary statutory authority for OAM agents to conduct FEB (Inbound & Outbound) searches?

Answer 11

19 USC 1581

Question 12

AMB 5000 CH4

What is the primary statutory authority for OAM agents to conduct Extended Border searches?

Answer 12

19 USC 482

Question 13

AMB 5000 CH4

At the conduction of a Border Search what should an agent know in regards to searching containers, objects, and conveyances?

Answer 13

1. ) Zero Suspicion needed to open (non-dimplomatic) containers to search for “merchandise”.
2. ) Reasonable Suspicion is needed if the search will result in permanent damage to the container, object, or conveyance.
3. ) Zero Suspicion needed to remove and search Gas Tanks from a conveyance.

Question 14

AMB 5000 CH4

What is CBP’s Policy about searching “Juveniles” during a border search?

Answer 14

CBP policy is to allow an accompanying adult (parent or legal guardian) to be present during a border search of a juvenile, unless there is a reason to exclude the adult.

Question 15

AMB 5000 CH4

When conducting Border Searches what should an agent know about searching Diplomats?

Answer 15

1. ) Only State Department Credentials or a phone call to the Department of State can confirm diplomatic status
2. ) A diplomat with full diplomatic immunity and the members of his or her immediate family are ABSOLUTELY immune from any form of arrest, detention, search or seizure once immunity status has been verified.
   * Keep in mind that U.S. Citizens never have diplomatic immunity in the U.S. even if he or she is a member of a foreign diplomat’s immediate family.

Question 16

AMB 5000 CH4

Can you search a Diplomatic Pouch?

Answer 16

NO: a diplomatic pouch that is properly identified is absolutely IMMUNE from any form of arrest, detention, search or seizure.

Question 17

AMB 5000 CH4

Can you search a Consular Pouch?

Answer 17

Required: Probable Cause

1. ) Only with permission from a representative of the consular office.
2. ) If given consent the pouch must be searched in the official’s presence.
3. ) if consent is NOT given then the pouch may be sent back to its point of origin.

Question 18

AMB 5000 CH4

Can you search Diplomatic Luggage of a person who has fully diplomatic immunity?

Answer 18

Required: Probable Cause

1. ) Only with permission from the diplomat it belongs to.
2. ) If given consent the luggage must be searched in the diplomat’s presence.
3. ) If consent is NOT given then the agent should contact his supervisor for further guidance.

Question 19

AMB 5000 CH4

Explain what an officer can do in regards to a Border Search of documents.

Answer 19

Required: Zero Suspicion

In the course of a border search law enforcement officers can review and analyze the information transported by any individual attempting to enter, reenter, depart, pass through, or reside in the United States.

Question 20

AMB 5000 CH4

When searching Sealed Letter Class Mail, what is important to remember?

Answer 20

Only items in the possession of the U.S. Postal Service or one of its contractors are considered mail and are lawfully able to be searched.