The Functional Equivalent Of The Border And The Fourth Amendment

1673 WordsDec 4, 20157 Pages
The functional equivalent of the border and the Fourth Amendment closely tie together in the fact that although the government has the power to conduct warrantless border searches, in the essence of the law, the Fourth Amendment strictly prohibits unreasonable searches and seizures and requires a warrant to be present to conduct the search. Understand when mentioning “functional equivalent”, this means the final port of entry after persons and property have entered the United States. The Fourth Amendment originally enforced the notion that “each man’s home is his castle”, secure from unreasonable searches and seizures of property by the government. It protects against arbitrary arrests, and is the basis of the law regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance, as well as being central to many other criminal law topics and to privacy law. (Cornell University Law School, 2015) 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. When conducting possible searches and seizers, the Fourth Amendment is made to protect unreasonable conduct. Due to

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