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Border search exception

Index Border search exception

In United States criminal law, the border search exception or doctrine is a doctrine that allows searches and seizures at international borders and their functional equivalent without a warrant or probable cause. [1]

22 relations: Borders of the United States, Carroll v. United States, Criminal law, Florida v. Royer, Fourth Amendment to the United States Constitution, Gastrointestinal tract, Mobile phone, Probable cause, Proscription, Search and seizure, Title 19 of the United States Code, Totality of the circumstances, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States, United States Coast Guard, United States Department of Homeland Security, United States v. Cotterman, United States v. Martinez-Fuerte, United States v. Montoya De Hernandez, Warrant (law), Warrantless searches in the United States.

Borders of the United States

The United States shares international land borders with two nations.

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Carroll v. United States

Carroll v. United States, 267 U.S. 132 (1925), was a decision by the United States Supreme Court that upheld the warrantless searches of an automobile, which is known as the automobile exception.

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Criminal law

Criminal law is the body of law that relates to crime.

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Florida v. Royer

Florida v. Royer,, was a U.S. Supreme Court case dealing with issues involving the Fourth Amendment.

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Fourth Amendment to the United States Constitution

The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights that prohibits unreasonable searches and seizures.

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Gastrointestinal tract

The gastrointestinal tract (digestive tract, digestional tract, GI tract, GIT, gut, or alimentary canal) is an organ system within humans and other animals which takes in food, digests it to extract and absorb energy and nutrients, and expels the remaining waste as feces.

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Mobile phone

A mobile phone, known as a cell phone in North America, is a portable telephone that can make and receive calls over a radio frequency link while the user is moving within a telephone service area.

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Probable cause

In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant.

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Proscription

Proscription (proscriptio) is, in current usage, a "decree of condemnation to death or banishment" (OED) and can be used in a political context to refer to state-approved murder or banishment.

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Search and seizure

Search and Seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscate any relevant evidence found in connection to the crime.

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Title 19 of the United States Code

Title 19 of the United States Code outlines the role of customs and duties in the United States Code.

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Totality of the circumstances

In the law, the totality of the circumstances test refers to a method of analysis where decisions are based on all available information rather than bright-line rules.

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U.S. Customs and Border Protection

United States Customs and Border Protection (CBP) is the largest federal law enforcement agency of the United States Department of Homeland Security.

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U.S. Immigration and Customs Enforcement

U.S. Immigration and Customs Enforcement (ICE) is a law enforcement agency of the Federal government of the United States under the jurisdiction of the Department of Homeland Security (DHS).

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United States

The United States of America (USA), commonly known as the United States (U.S.) or America, is a federal republic composed of 50 states, a federal district, five major self-governing territories, and various possessions.

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United States Coast Guard

The United States Coast Guard (USCG) is a branch of the United States Armed Forces and one of the country's seven uniformed services.

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United States Department of Homeland Security

The United States Department of Homeland Security (DHS) is a cabinet department of the United States federal government with responsibilities in public security, roughly comparable to the interior or home ministries of other countries.

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United States v. Cotterman

United States v. Cotterman, (9th Cir. en banc 2013), is a United States court case in which the United States Court of Appeals for the Ninth Circuit held that property, such as a laptop and other electronic storage devices, presented for inspection when entering the United States at the border may not be subject to forensic examination without a reason for suspicion, a holding that weakened the border search exception of the Fourth Amendment to the United States Constitution.

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United States v. Martinez-Fuerte

United States v. Martinez-Fuerte, was a decision of the United States Supreme Court that allowed the United States Border Patrol to set up permanent or fixed checkpoints on public highways leading to or away from the Mexican border and that the checkpoints are not a violation of the Fourth Amendment.

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United States v. Montoya De Hernandez

United States v. Montoya De Hernandez, 473 U.S. 531 (1985), was a U.S. Supreme Court case regarding the Fourth Amendment's border search exception and balloon swallowing.

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Warrant (law)

A warrant is generally an order that serves as a specific type of authorization, that is, a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is performed.

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Warrantless searches in the United States

Warrantless searches are searches and seizures conducted without search warrants.

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Redirects here:

Border exception, Border search, Border search doctrine, Customs search.

References

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

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