Border Search Flashcards
1
Q
border search purpose
A
- maintain national security
- prevent entry of illegal aliens
- prevent entry of harmful goods/material
- generate revenue through duty collection
2
Q
border search rule
A
1) authorized agent
2) searching for merchandise
3) at the border (FEB inbound, FEB outbound, Extended border)
- requires NO WARRANT and NO SUSPICION
3
Q
authorized agents:
A
- HSI SAs
- CBP officers
- coast guard
- others formally designated by ICE
4
Q
cross designation:
A
- 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
5
Q
merchandise
A
- goods, wares, and chattels
6
Q
aliens
A
- non US citizens and non nationals
7
Q
evidence of a persons admissibility
A
- documents
- any items inconsistent with aliens stated purpose:
- plane ticket/boarding pass
- passport
- tourist visa
8
Q
land border
A
- lines between US/Mex and US/Canada
9
Q
sea border
A
- 12 miles beyond coastal baseline of the coastal states and US territories
10
Q
air border
A
- directly upward from the land or sea border
11
Q
border search scope:
A
- 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
12
Q
reasonable certainty
A
- higher standard than probable cause
13
Q
FEB inbound
A
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.
14
Q
nexus
A
1) crossed the border
OR
2) had meaningful contact with someone or something that crossed the border
15
Q
first practical detention point
A
- not always the first possible detention point.
- ex: seeing an illegal crossing in the middle of a river.
