NCJ Number
38026
Journal
Marquette Law Review Volume: 59 Issue: 4 Dated: (1976) Pages: 856-875
Date Published
1976
Length
20 pages
Annotation
THIS ARTICLE REVIEWS APPLICATION OF THE EXCLUSIONARY RULE IN SEARCH AND SEIZURE CASES INVOLVING ROVING US BORDER PATROLS ACTING IN THE CAPACITY OF CUSTOMS AND IMMIGRATION OFFICIALS.
Abstract
THE DISTINCTIONS BETWEEN CUSTOMS AND IMMIGRATION SEARCHES AS DEFINED BY COURTS IN THE FIFTH AND NINTH CIRCUITS WHERE MOST OF THE CASE LAW OCCURS AND BY THE US SUPREME COURT ARE EXAMINED. THE ADOPTION AND CURRENT STANDING OF THE USE OF THE EXCLUSIONARY RULE TO PROTECT THE PUBLIC'S RIGHT TO FREEDOM FROM UNREASONABLE SEARCHES AND SEIZURES AND TO DETER LAW ENFORCEMENT OFFICIALS FROM OVERSTEPPING THEIR CONSTITUTIONAL LIMITATIONS ARE ALSO ANALYZED. PROPOSED ALTERNATIVES TO THE EXCLUSIONARY RULE WHICH SUGGEST MORE EQUITABLE WAYS OF DETERRING UNLAWFUL POLICE SEARCHES ARE OUTLINED AND DISCUSSED.