Exception—Special Needs: Border Searches

Question 1

United States v. Flores Montano (2004)

Answer 1

RULE: ROUTINE searches of persons and effect of entrants @ international border not subject to any requirement of RS, PC or warrant (it’s different there!)

REASONING: “Searches made at border, pursuant to long-standing right of sovereign to protect itself by stopping and examining persons and property crossing into country, are reasonable simply by virtue of fact that they occur at the border”

Question 2

International Borders

Answer 2

• If close enough, can be border!!!
• Borders with Mexico and Canada
• Place where ship docks, coming from foreign waters
• Airport at the end of international flight
• Inland at functional equivalent of the border

Question 3

NON-ROUTINE Search at Border

Answer 3

• Strip search, cavity search, x-ray require reasonable suspicion person is concealing contraband on or in body
o Clear indication of smuggling (less than P/C)
•No warrant required

Question 4

U.S. v. Touset (2018)

Answer 4

RULE: 4th am. does not require a warrant or probable cause for a forensic search of a cell phone at the border. NO suspicion is required.
*4th and 9th circuits require R/S

Question 5

Roving Patrols (Immigration)

Answer 5

Roving patrols in the interior to detect illegal immigrants - if done without a warrant and without PC = unconstitutional.

Terry stop applies. Reasonable suspicion that a particular vehicle contains immigrants.
R/S? Characteristics of area – how close to border? Do police have information/intelligence about recent illegal crossings in the area? Drivers behavior – obvious attempts to evade. Heavily loaded vehicle – loaded with something/people? Appearance of occupants. Racial profiling is OK