The Functional Equivalent Of The Border And The Fourth...

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 â€Å"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 â€Å"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 toShow MoreRelatedU.s. Customs And Border Protection1380 Words   |  6 Pages U.S. Customs and Border Protection agents faced a lot of challenges when they attempt to secure our borders, they need to ensure that the borders are secure while at the same time not violating peoples’ constitutional rights. 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The exception’s under border searches grants permission for authorities the sovereignRead MoreFourth Amedment2512 Words   |  11 PagesThe Fourth Amendment: Search and Seizure Erek Anderson, Rachel Coen, Lawana Garfias, Malerie Gomez, Nicholas Tellez amp; Sara Ungerer CJA/364 February 16, 2015 Instructor: Bobby Kemp Search and Seizure Search and seizures are highly debated topics in the United States. Stop and frisk, automobile searches and border searches all fall within the guidelines of the Fourth Amendment. 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