Border Search Flashcards
border search purpose
- maintain national security
- prevent entry of illegal aliens
- prevent entry of harmful goods/material
- generate revenue through duty collection
border search rule
1) authorized agent
2) searching for merchandise
3) at the border (FEB inbound, FEB outbound, Extended border)
- requires NO WARRANT and NO SUSPICION
authorized agents:
- HSI SAs
- CBP officers
- coast guard
- others formally designated by ICE
cross designation:
- HSI sac must authorize
- cross designated officer will signed written agreement and be assigned to HSI task force
- cross designated officer will receive creds
- valid for 2 years
merchandise
- goods, wares, and chattels
aliens
- non US citizens and non nationals
evidence of a persons admissibility
- documents
- any items inconsistent with aliens stated purpose:
- plane ticket/boarding pass
- passport
- tourist visa
land border
- lines between US/Mex and US/Canada
sea border
- 12 miles beyond coastal baseline of the coastal states and US territories
air border
- directly upward from the land or sea border
border search scope:
- the scope of a border search and suspicion required to conduct it are determined by the OBJECT OF THE SEARCH and the LOCATION where the search is conducted
- ex: person, conveyance, container
reasonable certainty
- higher standard than probable cause
FEB inbound
1) SA must be reasonably certain of a BORDER NEXUS
2) SA must be reasonably certain that the person or object to be search has undergone NO MATERIAL CHANGE since the border nexus
3) search must occur at the FIRST PRACTICAL DETENTION POINT.
nexus
1) crossed the border
OR
2) had meaningful contact with someone or something that crossed the border
first practical detention point
- not always the first possible detention point.
- ex: seeing an illegal crossing in the middle of a river.
FEB outbound
1) SA must be reasonably certain that there will be a BORDER NEXUS
2) SA must be reasonably certain that the person or object to be search will undergo NO MATERIAL CHANGE prior to the border nexus.
3) search must occur at the LAST PRACTICAL DETENTION POINT since the nexus.
Extended border search
1) SA must be reasonably certain of a BORDER NEXUS.
2) SA must be reasonably certain that the person or object to be searched has undergone NO MATERIAL CHANGE.
3) SA has REASONABLE SUSPICION of criminal activity.
continuous surveillance is/is not a requirement of an extended border search?
- IS NOT
factors to establish reasonable suspicion:
- nervous or unusual conduct
- tips from informants
- travel itinerary
- lack of employment
- inadequate luggage
19 USC 1595 (b)
- authorizes HSI to enter private lands and buildings of another (BUT NOT DWELLINGS) to perform border searches and seizures.
- no geographical limit as far as miles from border
