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Re:ACLU: Border Agents Violate Constitution When They Search... by deathanatos on Thursday May 02, 2019 @10:39AM (#19808354)
I agree that the border is an infinitely thin line, and the checkpoint might not be literally on that line. But CBP has been detaining citizens not attempting to make any border crossing who are not even near the border or anywhere reasonably near the border; they have permanent checkpoints of this nature[1], too. (And I am of the opinion that those internal checkpoints exceed what should be allowed under the constitution.) Sure, the ACLU might have gone a bit too far with the marketing, but your post makes it sound as if they only operate checkpoints in manners that a normal person would think (not literally on the border, but within eyesight of it, or other reasonable distances based on geography), when that isn't the case.

In this particular case, the 100 mile debate is irrelevant. The argument here is not that CBP doesn't have the right to do a warrantless search at the border, it's that that right does not extend to searching the contents of a mobile device. Border-crossings are an "exception" to the fourth amendment, and that exception is a "narrow" exception that only applies to what is needed in order to balance the governments interests (here, securing our border against illegal immigration and importing goods not permitted) against the rights of the individual. The search is scoped, and should not exceed that scope; the argument is that searching the contents of electronic devices exceed that, since CBP has no business there.

[1]: https://en.wikipedia.org/wiki/United_States_Border_Patrol_in...

Re:ACLU: Border Agents Violate Constitution When They Search... by rayiner on Thursday May 02, 2019 @10:48AM (#19808457)
I’m not suggesting anything about where the CBP draws that line. I’m just explaining the law. ACLU, on the other hand, actively misrepresented where CBP drew that line, and also what the line meant: https://www.wired.com/images_blogs/photos/uncategorized/2008...
Re:ACLU: Border Agents Violate Constitution When They Search... by pj_mukh on Thursday May 02, 2019 @12:06PM (#19809390)
Wait, CBP actively patrols randomly within those lines and can detain people without a warrant[1] on a "suspicion" which, in a lot of cases, break down to looking a certain way. How is that not a constitution-free zone?

This whole "well, they need some space around the border to operate" seems to be a red herring. No one's objecting CBP from setting up checkpoint buildings at the US border. They've been doing that since 1789. The extension of this space to 100miles is a travesty. Make it 0.5Mi so CBP can't waltz around random bus stations, and no one will complain.

[1] https://www.wweek.com/news/courts/2019/01/28/border-patrol-c...

Re:ACLU: Border Agents Violate Constitution When They Search... by Zak on Thursday May 02, 2019 @01:23PM (#19810227)
It doesn't seem to me that the major issue is the distance from the border, but whether there are any reasonable destinations between the checkpoint and the border. If there are not, it's reasonable to treat people who pass the checkpoint as if they've crossed the border.

It's also reasonable for CBP agents to be able to enforce border-related laws anywhere near the border, subject to the usual law enforcement requirements of reasonable suspicion of a crime based on objective evidence for brief detention, and probable cause for any kind of search.

What I find unreasonable is any kind of checkpoint where a substantial number of people passing the point are unlikely to have crossed a border. For example, there's a permanent checkpoint on I10 about 15 miles west of Las Cruces, NM. It's over 30 miles from the border with Mexico in a straight line, and much farther by road. Most people passing this point are traveling between two locations in the US. Everyone is stopped and questioned, and while the questioning is usually not very invasive, it's done with zero individualized suspicion.

Re:ACLU: Border Agents Violate Constitution When They Search... by Aloha on Thursday May 02, 2019 @01:12PM (#19810079)
I'd be willing to go 5 or even 10 miles
Re:ACLU: Border Agents Violate Constitution When They Search... by maxlybbert on Thursday May 02, 2019 @02:16PM (#19810838)
The border patrol has had a checkpoint about 60 miles from the border since 1924 ( https://www.ocregister.com/2013/08/16/border-station-is-more... , https://goo.gl/maps/Zuv2utFVGVp1xazDA , although, technically, it’s close to the Western border).

I’m not saying that’s a good place for a border check station. I’ve always thought it was silly, but it’s been there for a while.