EPO 15-22 Flashcards
Border Search Requirements
- Performed by authorized government agent (Not any agent, only CBP/ICE/USCG/designated officer)
- Searching for:
- Merchandise (goods, wares, chattels, prohibited items, and monetary instruments)
- Aliens (and evidence of an alien’s admissibility)
- Conducted at the “Border” (Actual, Functional Equivalent of the Border (FEB), or extended border)
Define “Actual Border”
Land = dividing line between US/MX and US/Canada
Sea = 3nm/(9nm for TX, FL Gulfside, PR) from baseline
Air = extends directly upward form the land or sea border
Circumstances that establish Functional Equivalent of Border (FEB) Inbound
- RC that has been a border nexus (either crossed or had meaningful contact with uninspected persons/property)
- RC there has been no material change (has not had an opportunity to acquire domestic merchandise)
- First practical detention point (not necessarily first possible detention point)
(Note: if an aircraft simply flew over foreign territory and never landed, then it could not have acquired foreign merchandise, and therefore a border search is not authorized)
Circumstances that establish Functional Equivalent of Border (FEB) Outbound
- RC there will be a border nexus (the person or thing will cross the border)
- RC there has been no material change (any merchandise present at the time of the search would be present at the time of the border crossing)
- Last practical detention point
Requirements for Extended Border Search
- RC there has been a border nexus
- RC there has been no material change
- RS of criminal activity
Border Search vs Reporting Obligation
Any vessel that crosses the US border is subject to border search but not all vessels are required to report
(Ie. US registered vessel departs US port, goes out 10nm, then returns to US port = no reporting obligation but border search authorized outbound and inbound)
Searching Objects at the Border
Zero suspicion for non-destructive inspection (including gas tanks)
RS for destructive inspection
Searching People at the border
Zero suspicion for pat down search to check exterior clothing for hidden merchandise
RS for partial body search (removal of clothing not normally removed in public)
RS for x-ray/body cavity/bowel movement search
(Note: requires medical support)
Juveniles (under 18 years of age) are normally allowed to be accompanied by adult during border search unless reason to exclude adult
What does Diplomatic Immunity mean?
The person should follow laws, but if they don’t there is nothing we can do about it
Once immunity status has been verified they are absolutely immune from any form of arrest, detention, search or seizure
No immunity for US citizen
Legal requirements for searching Diplomat Containers
Diplomatic Pouch = absolute immunity, no search authorized
Consular Pouch = PC + consent to search (if no consent then deny entry)
Personal luggage of diplomat = PC + consent to search (if no consent then deny)
Requirements for Border Search of Documents and Electronic Devices
Performed consistent with CBP Policy (device placed in airplane mode to only search information stored on device)
Zero suspicion:
- Review and analyze
- Translation assistance
- Encryption assistance
- Permanent seizure of information relating to customs or immigration (ie. Declaration form)
RS:
- Subject matter assistance
- Advanced search (making a copy of the computer or phone)
PC:
-Seize permanent
Policy Regarding Border Search Information
Business or Commercial information: treated confidential (not released to competitor)
Sealed Letter Class Mail: RS that package/envelope contains merchandise, and can’t read correspondence without a search warrant or consent (note: only items in possession of USPS is considered “mail”
Attorney-Client documents: may scan all documents to determine if it is truly confidential
Identification documents: may be copied for any legitimate purpose without any suspicion
