What Are Your Rights at U.S.-Mexico Customs and Border Patrol Checkpoints? Julian Aguilar - The Texas Tribune
go to original August 2, 2016

Woman Wins Suit Against Border Patrol for Illegal Cavity Searches (wochit News)

Checkpoints are allowed under the federal Immigration and Nationality Act, according to U.S. Customs and Border Protection. The agency’s website explains: “Immigration Officers, without a warrant, may ‘within a reasonable distance from any external boundary of the United States ... board and search for aliens in any vessel within the territorial waters of the United States and any railcar, aircraft, conveyance, or vehicle.’”

The site explains that a U.S. Supreme Court case, U.S. v. Martinez-Fuerte, found that “only minimal intrusion existed to motorists at reasonably located check points, even in the absence of reasonable or individualized suspicion.”

In order to perform a “legal search” without violating the Fourth Amendment, which protects citizens against unreasonable searches, a Border Patrol agent must have probable cause to search a vehicle or person. And it appears rather easy for an agent to come up with a reason.

“Probable cause can be developed from agent observations, records checks, non-intrusive canine sniffs and other established means,” CBP states. “Motorists may consent to a search but are not required to do so.”

Critics of current policies, including the American Civil Liberties Union, argue that despite protections put in place to limit unwarranted searches and harassment, abuses still occur. The group claims this happens due to a number of factors, including outdated policies and inadequate training for border agents.

Read the rest at The Texas Tribune

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