https://news.ycombinator.com/item?id=45041697
(There's a really good Penn State law review article on that thread).
Yes, and what it says is this:
>The Supreme Court has decided that there is a reduced expectation of privacy at the border, holding that the government’s interest in monitoring and controlling entrants outweighs the privacy interest of the individual. Thus, routine searches without a warrant, probable cause, or reasonable suspicion are considered inherently reasonable and automatically justified in that particular context.32 Fourth Amendment rights are therefore significantly circumscribed at the border, and CBP is given an expansive authority to randomly—and without suspicion—search, seize, and detain individuals and property at border crossings that law enforcement officers would not have in other circumstances.
The constitution free, means that constitutional rights are reduced within the area.
To be fair, though, I think it is also true that the ACLU is too eager to talk about the "Constitution-Free Zone" as though it is fact. I also agree that people should not simply accept that the Constitution-Free Zone exists. It is definitely not that simple and what would otherwise be 4th Amendment violations should absolutely still be challenged even if they occur within the zone. There is still every opportunity for more good law on this.
https://www.aclu.org/know-your-rights/border-zone
Since the ACLU is largely the origin of this meme, I think that's pretty dispositive.
Importantly: I am (for the Nx1000th time) not saying that federal law enforcement officers won't make abusive claims, or directly abuse the law; they certainly will. As I said in the previous thread, they managed to detain Senator Patrick Leahy more than 100 miles from a border, which, when you think about the implications of the 100-mile-zone, is kind of a feat!
>The federal government defines a “reasonable distance” as 100 air miles from any external boundary of the U.S. So, combining this federal regulation and the federal law regarding warrantless vehicle searches, CBP claims authority to board a bus or train without a warrant anywhere within this 100-mile zone. Nearly two-thirds of the U.S. population, over 213 million people, reside within the region that CBP considers falling within the 100-mile border zone, according to the 2020 census. Most of the 10 largest cities in the U.S., such as New York City, Los Angeles, and Chicago, fall in this region. Some states, like Florida, lie entirely within this border band so their entire populations are impacted.
Which, upon re-reading both of your comments in this thread makes me actually think there is no argument at all and everyone here and the ACLU agree: there is a no consitution zone, it has practical consequences, and it does extend out 100 miles from internal foreign borders.
What I feel like people do here is map everyday abusive law enforcement behavior onto that border search exemption without realizing that what they're actually suggesting is that people should expect (and thus roll with) a "tear everything apart, search under clothes, maximally invasive" border search, which is what the Constitution authorizes at an actual border crossing.
Technically, the entire fourth amendment applies. BUT All the fourth amendment requires is probable cause for warrants, and that searches and seizures be reasonable. It doesn't require warrants for searches or seizures (although courts have found that that is usually necessary for reasonableness), and it doesn't require probable cause for searches or seizures without a warrant (though courts have found that that also is usually necessary for reasonableness.)
What the courts have allowed is the use of the border zone to justify exceptions to a lot of the things that are usually required for reasonableness. This isn't, technically, an exception to the Fourth Amendment, because searches still need to be "reasonable". Its just proximity to the border makes searches "reasonable" that wouldn't be anywhere else.
I'm doing ["border search" "miles" site:uscourts.gov], getting cases --- recent cases, including some with cites to Ameida-Sanchez, which of course makes my point --- and not seeing much to suggest that CBP can randomly search random cars in Green Bay WI under the border search exemption.
And now here we are with most of the population of the USA without rights and the president able to declare anyone left a terrorist and use the military against them.
(1*: https://en.wikipedia.org/wiki/Killing_of_Abdulrahman_al-Awla... )
The dissonance arises from these contradictions:
1. Federal regulations specifically state "100 air miles" with respect to the US Border patrol: https://www.ecfr.gov/current/title-8/part-287/section-287.1#...
2. The US Border Patrol has lost court cases for things they have done within those 100 miles, essentially saying they shouldn't have done those things.
An informal interpretation of this is that the US Federal Government and BP generally view the powers of the BP as more expansive than the judicial branch, possibly including the legislative.
I agree with the Penn State Law Review analysis in your link. Sadly that's not the reality of the world we live in. You're burying your head in the sand pointing to a document that suggest how things should be compared to what has actually been happening. In the end, people are being stopped and nothing is being done about it. Some paper put out by a law review isn't ending the persucation that is happening no matter how hard you ignore it.
Words on some paper mean nothing compared to the actual actions of man.
Now there’s a trumped-up charge.
But it only says "any reasonable distance". SCOTUS appears to have come up with the 100 mile limit in various cases over time.
Note that the default (but not universal) equirement to get a warrant for a search or seizure (and the imputation that for many warrantless instances of either, probable cause is still required) is also such an interpretation; the text of the Amendment doesn’t say either of those things, but they have been inferred by the Supreme Court to be generally the case from the juxtaposition of the reasonableness requirement for searches and seizures and the probable cause requirement for warrants.
While the Bill of Rights (and protections in later amendments) is sometimes treated like a bit of divine revelation, much of it is intentionally (to kick the can down the road on resolving disputes at the time) imprecisely worded, heavily compromised, legislative enactment by imperfect legislators, with sentences that are disjoint and where any meaningful application requires reading connections into the the text that aren’t explicit, as well as devising concrete operationalizations for vague terms like “unreasonable” or “due process”.
Supreme Court has established that some established constitutional provisions do not apply at the U.S. border, and protections against governmental privacy incursions are significantly reduced.
The border search exception applies within 100 miles (160 km) of the border of the United States, including borders with Mexico and Canada but also coastlines.