BORDER SEARCHES

Question 1

What may Border Patrol agents do at the border without probable cause?

Answer 1

Stop travelers and search persons and property

This includes routine searches of items entering the country.

Question 2

What justifies the reasonableness of border stops?

Answer 2

The fact that the person or item has entered the country from outside

Referenced in Ramsey (1977) and Valenzuela (1994).

Question 3

What is the standard for searching vehicles at fixed checkpoints?

Answer 3

No individualized or reasonable suspicion required

Supported by Martinez-Fuerte (1976) ruling.

Question 4

What is the United States’ interest in conducting searches at the border?

Answer 4

Paramount interest in protecting territorial integrity

Cited in Flores-Montano (2004) and other cases.

Question 5

What types of searches may customs officials conduct at the border?

Answer 5

Search closed containers and their contents

This includes personal electronic devices like laptops.

Question 6

What may happen to containers that are not cleared for entry?

Answer 6

Moved to a secondary site for inspection

As seen in Cotterman (2011) case.

Question 7

What is required for an extended border search?

Answer 7

Reasonable suspicion is necessary

This includes suspicion that contraband was in the vehicle at entry.

Question 8

Under what conditions can searches at checkpoints away from the border occur?

Answer 8

Only with probable cause, consent, or knowledge of a search condition

Referenced in Ortiz (1975) and Valenzuela (1994).

Question 9

What is necessary for Border Patrol agents to detain a vehicle during roving patrols?

Answer 9

Reasonable suspicion of criminal activity

This is based on specific facts and rational inferences.

Question 10

What did the Supreme Court decide in the Arvizu case regarding reasonable suspicion?

Answer 10

Circumstances previously deemed insufficient were upheld as reasonable suspicion

This included specific behaviors and patterns of the driver.

Question 11

What constitutes probable cause for arrest at the border?

Answer 11

Passenger’s presence in a vehicle carrying a commercial quantity of drugs

Cited from Carranza (2002) and Hernandez (2002).

Question 12

What happens if law enforcement lawfully opens a container and finds contraband?

Answer 12

No protected privacy interest remains in the container

This allows for resealing and observation during a controlled delivery.

Question 13

True or False: Customs inspectors can randomly inspect incoming mail without suspicion.

Answer 13

True

This is upheld in Blardony (1998) case.

Question 14

What must be shown to justify the use of a controlled tire deflation device during an extended border detention?

Answer 14

Only reasonable suspicion

As determined in Guzman-Padilla (2009) case.

Question 15

Fill in the blank: Border Patrol agents may stop vehicles only if they are aware of specific facts that warrant _______.

Answer 15

suspicion