Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Sherman Logan
If you think searches of persons and property at the borders should be prohibited without a warrant, may I suggest the Constitutional provision for making such a change

It already exists:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The warrant could be issued for a particular place (say, the airport) and particularly describe the things to be seized (say, opiates).
30 posted on 01/25/2014 11:03:44 AM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 22 | View Replies ]


To: OneWingedShark

AFAIK, customs searches have always been exempted from 4A.

If you think this is unconstitutional, you should have taken it up a couple of centuries ago with G. Washington, who set the precedent.


31 posted on 01/25/2014 11:08:58 AM PST by Sherman Logan
[ Post Reply | Private Reply | To 30 | View Replies ]

To: OneWingedShark

Here’s an interesting article on 4A and borders.

http://www.law2.byu.edu/jpl/papers/v19n2_Jon_Adams.pdf

The border exemption is based on the Constitutional power to ““to regulate Commerce with foreign Nations.” To do so requires prevention of smuggling and entry of unauthorized persons.


33 posted on 01/25/2014 11:12:23 AM PST by Sherman Logan
[ Post Reply | Private Reply | To 30 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson