The Border, Functional Equivalent Of The Border

• The Court has ruled that the areas carved out which include exceptions to the basic tenets of the Fourth Amendment, commonly known as warrantless searches, may be

The United States Border Patrol is a police force located all over America. Most people think the only job Border Patrol has is chasing down immigrants due to the media coverage on the Mexican border. Although it is a big part of the job it is not the only thing done. The main position for agents is in Mexico, another main location is Canada. Between the two locations 21,000 agents patrol 6,000 miles. (Department of Homeland Security, n.d.) The Border Patrol’s keeps illegal people, drugs, and weapons of mass destruction from entering our country. Another major responsibility is to prevent terrorist from trying to cross the border. In order to prevent this from happening Border Patrol have check points with man power alert at all times. Equipped with the best equipment from the government they stop virtually everything crossing. I along with most of the country feel that this is a very important job in the United States.

To conduct routine stops and searches at an international border. United States v. Montoya de Hernandez, 473 U.S. 531 (1985).

One of the many freedoms we enjoy, as Americans is the right that protects us from unreasonable search and seizures; as well as the necessity for a search warrant when law enforcement wishes to search someone’s property. This right is known as the Fourth Amendment and it contains two clauses: the first one is the reasonableness clause, which states that we are protected from unreasonable searches and seizures. The second part is the warrant clause, which states that a warrant must be issued upon the finding of probable cause. It must then be supported by an affirmation and particularly describing the place to be searched and what us intending to be found.

What constitutes a valid search and seizure? The Fourth Amendment protects Americans from unreasonable searches and seizures. Consequently, it seeks to create stability or poise between the needs of law enforcement and the privacy of people in the United States (Worrall, 2017). The justifications that arise from the law make sure that enforcement officials function within reasonable standards in their search of a suspect. This paper examines the three levels of justification that validates a Fourth Amendment search. As a result, it is necessary to explore such justifications and their applicability.

The U.S. Customs and Border Protection also known as CBP is one of the largest and most complex agencies with the Department of Homeland Security. They have many duties and responsibilities to do to protect the United States of America. They

By placing the Customs and Border Protection (CBP) under the Department of Homeland Security (DHS), immigration is considered a national security issue by default. Whether or not the issue is treated seriously is up for debate, as the situation constantly is an issue in media and in political campaigns. However, border fences have been increased as well and the amount of agents with CBP (Andreas, 2009).

The fourth amendment of the United States Bill of Rights states that “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.” (“Bill of Rights”). Within the text of this amendment, the word ‘unreasonable’ is one that should be observed and remembered by citizens in regards to search and seizure. A question every citizen should ask is: does the fourth amendment provide enough protection to an individual’s privacy against intrusive police search and seizure when an officer’s discretion is the sole reasoning for initiation? It has been argued that racially-biased policing largely began with the Drug Enforcement Agency’s Operation Pipeline, a 1984 training program that instructed 25,000 state and local enforcement officers across the United States to identify and search potential drug smugglers and carriers. The training also contained a section that trained officers to consider the suspects’ race (Reid "Race Issues And Stop And Search: Looking Behind The Statistics.” 168). In 2009, the United States population reached 318,857,056, with demographics divided at: 77.7% Caucasian, 13.2% African American, 17.1% Hispanic, and 5.3% Asian ("State & County QuickFacts"). In 2009, 39.4% of the prison

This was a main reason to make the Fourth Amendment. They also new that in the future it would be very helpful to America. Although police officers have been fighting about this amendment and how they can’t search more people who they think is guilty this amendment protects all citizens of the United States and gives us the right that all Americans deserve.

These pursuits are regularly unsuccessful on getting the criminals, and instead this policy is going against the 4th Amendment. Regarding the Bill of Rights the 4th Amendment is what gives us the citizens the right to be safe and secure in our personal space and also it protects us against any unreasonable searches without any documentation or probable

The debate finally came to an end when border patrol enforcement duties were placed in the hands of the Customs and Border Protection Bureau. The bureau would also work alongside the Immigration and Customs Enforcement Bureau which provided more investigative duties while Customs and Border Protection services would now be responsible for all entry ports into the United States via land and coastal waters. Although both organizations worked together to best secure national borders, they both were re-assigned to report directly to the newly designed department of homeland security. In 2004, the government sought to make technological advances on the equipment used to assist border patrol agents with protecting the country’s borders. New initiatives were put in place to not only increase the proficiency of border patrol function (Ahmed, 2017).

Functional Equivalent border searches can happen under (2) circumstances: (1) the search was immediately conduct after crossing the border and (2) there is no probable cause suggestion tampering. This can have both positive and negative outcomes. Extended border searches are conducted when there is reason to believe that the person and/or property has been compromised and a potential threat to national security has been breached.

U.S Customs and Border Protection has also been in charge in keeping terrorist and terrorist weapons out of the country while enforcing hundreds of U.S laws (Peak, 2009, Pg. 164). Consequently, immigrants have been victims of human trafficking. According to Larry K. Gaines from the textbook Criminal Justice in Action, U.S Immigration and Customs Enforcement (ICE) has played an important role in focusing the nation’s borders. Their mission is to detain illegal aliens and deport them to their country, and disrupting trafficking operations. In 2008, ICE removed about

The U.S. Customs and Border Protection (U.S. CBP) is one of the oldest law enforcement entities in the U.S., and has a rich history of protecting our borders. A historical overview and understanding of the U.S. Customs origins displays how over the centuries the strategic mission of the CBP has evolved to combat threats of specific time eras. U.S. Customs has grown from collecting of revenue during the 1800s to fighting the War on Drugs, and well into the 21st century where combating terrorism would be yet another mission undertaken by CBP. Without a doubt, the U.S. Customs Service has played an active role in the protection of the nation’s borders against terrorism, criminal drug lords, and even the violation of intellectual property theft.

The Fourth Amendment to the U.S. Constitution states “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 (Fourth Amendment). The text of the Fourth Amendment does not define exactly what “unreasonable search” is. The framers of the constitution left the words “unreasonable search” open in order for the Supreme Court to interpret. Hence, by looking at