National Review: When Border Searches Become Unreasonable

The United States ranks third in the world for total land area after Russia and China. US citizens, legal residents and tourists traveling near coasts or land borders can be stopped and asked to prove legal status. US Customs and Border Protection], using a 1946 law, “claims the right to search people and places without a warrant if the purpose of the search is to find illegal aliens and the search occurs within a ‘reasonable distance’ of an international border,” writes Kyle Sammin. In 1953, the “reasonable distance” was defined as 100 miles from land borders and coasts, and exceptions can be granted for searches beyond the 100-mile limit. “Almost without comment, Congress made large swathes of the United States into a region where the Fourth Amendment is seriously weakened.” Sammin points out that two-thirds of US residents live near borders and coasts. Probable cause is required for such searches. Wriing about the fourth and ninth amendments of the US Constitution, he concludes that US citizens should not take their freedom to travel within the nation’s borders for granted. – YaleGlobal