Border Search Part 1 & 2

Question 1

Whats the general rule for Border Search?

Answer 1

1. Conducted by authorized agent
2. Searching for merchandise, aliens, and evidence of admissibility
3. At the border

Question 2

What’s the FEB inbound rule?

Answer 2

1. SA must be reasonably CERTAIN of a border nexus
2. Reasonably CERTAIN that the person or object to be searched has undergone NO material change since the border nexus
3. Search must occur at first practical detention point since the border nexus.

Question 3

Whats the FEB outbound rule?

Answer 3

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 searched will be undergo no material change prior to border nexus
3. Search MUST occur at the last practical detention point since nexus.

Question 4

What is the extended border rule?

Answer 4

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 since the border nexus.
3. SA has Reasonable suspicion of criminal activity.

Question 5

Does extended border rule allow you to search inside a dwelling?

Answer 5

No.

Question 6

What suspicion is required to open (non-diplomatic) containers to search for merchandise?

Answer 6

No Suspicion is required as long as the container is at the “border” (FEB Inbound/Outbound/Extended Border)

Question 7

What suspicion is required for a destructive search of an object?

Answer 7

Reasonable suspicion.

Question 8

What suspicion is needed to search any type of documents expect Attorney-Client Privilege, Work product privilege and Doctor-Patient privilege etc..?

Answer 8

No suspicion need to review the information transported bu any individual attempting to enter,reenter,depart,pass through, or reside in the U.S.

Question 9

What level of suspicion is required to refer documents that require subject matter assistance to determine their content?

Answer 9

Reasonable Suspicion.

Question 10

Where should you refer matters for the exceptions to the general rule to detain and search documents for Attorney-Client Privilege, Work product privilege and Doctor-Patient privilege and Business information?

Answer 10

ICE Chief Counsel

Question 11

What level of suspicion is required to search, detain, seize, retain, and share electronic devices or information contained therein?

Answer 11

No suspicion

Question 12

How long can you detain a electronic device for a border search?

Answer 12

30 days with a possible 15 day extension.

Question 13

What level of suspicion is required to request for a subject matter expertise for a electronic device?

Answer 13

Reasonable Suspicion.

Question 14

With no suspicion what can you ask/require an individual to do for a border search?

Answer 14

Remove an outer garment (Hat, Jacket..)
Empty Pockets
Search any personal effects or luggage carried by the person.

Question 15

With some or mere suspicion what can you do to border search people?

Answer 15

Move a person to a private area and conduct a patdown search

*More intrusive conduct should be carried out by a SA of the same sex as individual being searched.

Question 16

With what can a SA perform a patdown search for merchandise?

Answer 16

One Articulable Fact
You can..
Pat down persons body
Remove shoes
Lift the pant leg or hem of a skirt a few inches
Remove Belt
Exam/reach into pockets
Roll up shirt sleeves
Remove a wig or hairpiece

Question 17

What level of suspicion do you need to conduct a patdown for weapons?

Answer 17

RS

Question 18

What level of suspicion is needed to conduct a partial body search?

Answer 18

RS

Question 19

What level of suspicion is needed to conduct a Internal examination?

Answer 19

RS that something is inside the person. Must be done by an approved medical facility. All decisions regarding appropriate medical procedures for a patient are to be made by medical personnel only.

Question 20

When you have RS that something is inside a person you can conduct what kind of searches?

Answer 20

Alimentary Search
X-Ray Search
Strip Search

Question 21

What level of suspicion is needed to seize a document found in a backpack for evidence of a crime?

Answer 21

PC

Question 22

If you wanted to send a piece of paper with a list of chemicals typed on it which requires a subject matter expertise to analyze what level suspicion would you need?

Answer 22

RS