NCJ Number
16102
Journal
Columbia Law Review Volume: 74 Issue: 1 Dated: (JANUARY 1974) Pages: 53-87
Date Published
1974
Length
35 pages
Annotation
EXAMINATION OF THE INITIATION AND CONDUCT OR INTENSITY OF A BORDER SEARCH AS TESTS OF ITS REASONABLENESS.
Abstract
THE CURRENT BORDER SEARCH LAWS ARE DESCRIBED, COURT DECISIONS ARE CITED TO DEFINE WHAT CONSTITUTES 'REASONABLE SUSPICION' AND, THEREFORE, JUSTIFICATION FOR PORT-OF-ENTRY, EXTENDED BORDER, OR NEXUS WITH THE BORDER SEARCHES. OTHER CRITERIA NECESSARY FOR A CUSTOMS SEARCH INCLUDE UNCHANGED CONDITIONS AND CLOSENESS IN TIME AND DISTANCE TO THE BORDER CROSSING, TWO GENERAL CATEGORIES OF BORDER SEARCHES ARE IDENTIFIED AND DISCUSSED. A NON-INTRUSIVE SEARCH INVOLVES THE EXAMINATION OF CLOTHING AND PERSONAL PROPERTY. INTRUSIVE SEARCHES DEAL WITH SCRUTINY OF THE BODY AND BODY CAVITIES. THE REQUIRED CONDITIONS FOR AND THE DEFINING LIMITS OF THE STRIP OR SKIN SEARCH AND THE BODY CAVITY PROBE ARE DISCUSSED IN DETAIL. WHEREAS THE STRIP SEARCH CAN BE ORDERED BASED ON 'REAL SUSPICION' SUPPORTED BY AT LEAST ONE 'HARD' INDICATION OF SMUGGLING ACTIVITY. IT IS SUGGESTED THAT INTRUSIONS OF BODY CAVITIES SHOULD BE ALLOWED ONLY ON A SHOWING OF PROBABLE CAUSE SUPPORTED BY A WARRANT.