Re:Border Search of Electronic Devices – CBP Directive [pdf]
by dragonwriter on Saturday January 06, 2018 @03:40PM
(#16087326)
> The Supreme Court disagrees (Almeida-Sanchez v. U.S., U.S. v. Martinez-Fuente),
Martinez-Fuerte sharply limited Almeida-Sanchez: Almeida-Sanchez (1973), it's true, seemed to require warrantless border searches to be at the border, but Martinez-Fuerte (1976) allowed warrantless “border” searches at immigration checkpoints on public highways leading to it away from the Mexican border, even without any individualized basis for suspicion (much less probable cause) or when the decision to make stops was based entirely on the perceived ethnicity of drivers/passengers.
Martinez-Fuerte sharply limited Almeida-Sanchez: Almeida-Sanchez (1973), it's true, seemed to require warrantless border searches to be at the border, but Martinez-Fuerte (1976) allowed warrantless “border” searches at immigration checkpoints on public highways leading to it away from the Mexican border, even without any individualized basis for suspicion (much less probable cause) or when the decision to make stops was based entirely on the perceived ethnicity of drivers/passengers.