Document Type

Border Policy Brief

Publication Date

2009

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

Language

English

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