Document Type
Border Policy Brief
Publication Date
2009
Keywords
Border Security, Human Mobility
Abstract
In normal practice, the Fourth Amendment of the U.S. Constitution requires individualized suspicion together with procurement of a warrant prior to a government search and/or seizure. Federal courts have recognized some exceptions, however, with the most common one pertaining at the nation’s borders, where most stops and searches are exempt from the usual requirements. That exception is justified by the understanding that a sovereign nation has the power to control who and what comes within its borders. This article describes practices related to searches and seizures at and near the border. A lengthy discussion of U.S. practices is followed by a brief discussion of Canadian practices.
Volume
4
Issue
3 - Summer
Recommended Citation
Davidson, David L. (David Lindsay) and Kim, Gina, "Additional Powers of Search and Seizure at and near the Border" (2009). Border Policy Research Institute Publications. 33.
https://cedar.wwu.edu/bpri_publications/33
Subjects - Topical (LCSH)
United States--Boundaries--Canada; Canada--Boundaries--United States
Geographic Coverage
United States; Canada
Genre/Form
technical reports
Type
Text
Language
English
Format
application/pdf
Included in
Economics Commons, Geography Commons, International and Area Studies Commons, International Relations Commons