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Legal Commentary: Border Searches Reasonable (From Crime to Court: Police Officer's Handbook, P 9-10, 1990, Joseph C Coleman -- See NCJ-123695)

NCJ Number
123697
Author(s)
J C Coleman
Date Published
1990
Length
2 pages
Annotation
The judicial decision in United States v. Ramsey holds that border searches of vehicles entering the United States are reasonable solely because the vehicle is coming into the United States from outside and that no warrant or probable cause is needed.
Abstract
In addition, border searches may take place at the functional equivalent of the border if the search takes place at the first practicable point after the border was crossed and the object of the search had no opportunity to change materially since the time of the crossing. Moreover, according to the decision in United States v. Brennan, the mobility of an aircraft justifies government agents' permitting a smuggling suspect to reach a secure location before conducting the border search. Finally, Maryland v. Buie holds that police officers can do a protective "sweep" search of suspect premises to reduce the possible danger to themselves or others.

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