Re:Ioerror's tweets after yet another detention (this time i...
by _delirium on Tuesday April 12, 2011 @11:29AM
(#2437602)
Unfortunately, courts are willing to give pretty broad authority to the government to detain/search/etc. people reentering the country (http://en.wikipedia.org/wiki/Border_search_exception). There are some sort of outer limits to the authority, but not much in the way of real enforcement from the courts so far. I would guess that they'd punt on this one as being national security + borders = defer to the executive.
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Re:Ioerror's tweets after yet another detention (this time i...
by jbooth on Tuesday April 12, 2011 @11:32AM
(#2437615)
Well, maybe it needs to be re-tested in court with a nice egregious example. From your wiki link:
Although border-searches are exempted from the Fourth Amendment warrant requirement, they are still subject to the amendment's reasonableness requirement.[3] Whether a border search is reasonable depends on a judicial analysis that balances the intrusion into an individual’s legitimate privacy and dignity interests against the government’s legitimate interest in the subject of the search.[4]
If Mr. Ioerror's reading and can figure out who to sue, I'm good for a few hundred bucks on the legal fund.