Everything You Need to Know About the Fourth Amendment Part 2 -Border Searches

Описание: #searchandseizure #4thamendment #bordersearches #policesearches #fourthamendment
#criminal procedure #criminal defense lawyer
The Fourth Amendment to the U.S. Constitution sets limits on the power of the Government to subject you to search and seizure. The Fourth Amendment protects us from unreasonable searches and seizures.

I had a really great question come from one of the comments to my last Fourth Amended video. The question was about a border search when crossing the border into the United States from Canada.

There is some fascinating case law on border searches. The authority to search at a border crossing or entry pointy is based upon national sovereignty. The border patrol has the authority to inspect you, your baggage, your vehicle, and merchandise without a warrant. The border patrol can only detain you long enough to conduct their business and no longer. The border patrol must have more to hold you longer than necessary to conduct a border search, much like the Terry Stop and Frisk standard.

Once you are away from the border, standard 4th Amendment protections apply. They can not stop you 20 miles from the border and conduct a border search. When you leave the border, they need probable cause to search. That is why at the checkpoints on highways leading from the southern border, they only stop you long enough to ask if you are a citizen. To detain you any longer, they would need more justification.

There are a lot of articles and videos about the 4th Amendment that are informative and interesting. The development of 4th Amendment law is a popular and intriguing subject.

What it comes down to is what can the police search and seize, when can they search and seize, and how can they search and seize. Even though the information on the 4th Amendment is plentiful and readily available, you are not going to remember any of it when the police are at your door or asking to search you.

All that information about the 4th Amendment is not going to do you any good. SO here is the low down on police searches. The answer when the police ask to search anything is always NO! No matter what the cops want to search do not consent.

In the real world, outside the courthouse, on the side of the road, or at your car door, the police are going to do whatever they want to do and there is very little you can do to stop them. You are never going to win a search and seizure argument on the side of the road. The place to win a search and seizure argument is in the courtroom.

Do yourself a favor, help yourself out, and help your lawyer out by NEVER consenting to a police search!

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