Border Search 2

Question 1

what level of suspicion do you need for a border search of objects?

Answer 1

• ZERO

Question 2

what are examples of objects?

Answer 2

1. baggage, luggage, containers, outer clothing, purse, wallet, pockets, shoes
2. cargo and other commercial items
3. cars, trucks, busses, planes, trains

Question 3

can gas tanks be removed with zero suspicion?

Answer 3

YES

Question 4

what suspicion do you need for the destructive search of an object?

ex: drilling holes

Answer 4

• reasonable suspicion (maybe)

Question 5

border search of documents:

Answer 5

• detain docs to review - ZERO SUSPICION
• search docs for reasonable period of time - ZERO SUSPICION
• keep/seize a doc for evidence of a crime - PC
• translation - ZERO SUSPICION
• subject matter expert assistance - REASONABLE SUSPICION

Question 6

attorney client privilege document

Answer 6

• can not search without permission

Question 7

border search of electronic devices:

Answer 7

• detain, seize, retain, and share electronic devices with ZERO SUSPICION
• may seize with PC
• subject matter expert - REASONABLE SUSPICION

Question 8

examples of electronic devices:

Answer 8

• thumb drive, cell phone, blackberry

Question 9

how long can you detain electronic devices under policy?

Answer 9

• 30 days with 15 day extensions

Question 10

what are ways to border search people?

Answer 10

• no suspicion
• mere suspicion
• one articulable fact
• reasonable suspicion

Question 11

how to border search people with no suspicion:

Answer 11

• remove outer garment (hat or jacket)
• empty his pockets
• search personal effects or luggage

Question 12

how to border search people with mere suspicion:

Answer 12

• move to private area and pat down search

Question 13

how to border search people with ONE ARTICULABLE FACT:

Answer 13

• removing persons shoes
• removing belt
• rolling up shirt sleeves

Question 14

how to border search people with REASONABLE SUSPICION:

Answer 14

• RS person is armed, may pat down for weapons
• RS that the person has merchandise under clothing, may conduct a partial body search to include removal of some of the clothing to recover what’s underneath
• RS that person has merchandise within their body, may conduct an internal examination using X RAY SEARCH, ALIMENTARY CANAL SEARCH, STRIP SEARCH

Question 15

in order to search a persons cabin on a cruise ship, what level of suspicion do you need?

Answer 15

• REASONABLE SUSPICION

Question 16

during any personal search involving a detention more than 8 hours, who should you notify and get advice from?

Answer 16

• AUSA