Border and Regulatory Searches

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Border and regulatory searches In the process of border searches customs officers enforce every legal procedure to defend the borders from illegal contraband from any individual entering via the airports or seaports. The customs officers protect the borders from narcotics, terrorist, illegal aliens, and any suspicious individual without violating their constitutional rights. As stated in (Criminal Procedure Constitution and Society, 2008) “the Fourth Amendment does not apply to searches and seizures at the border of the United States”. With this stated the individual entering the border can be searched without probable cause or a warrant and no violations are committed. Important changes administered by the Supreme Court and rising issues associated with the constitutional laws of border search and seizure procedures, five types of border searches were enacted. These five types of border searches are as followed; “at the actual border, at a fixed checkpoint miles from the border, roving patrols by the border patrol up to a hundred miles from the border, search of international mail, and boarding ships in open waters” (Zalman, 2008). Regulatory searches deal with government personnel such as inspectors, to conduct inspection services in homes and business establishments to ensure safety protocol. However the procedures to obtain a warrant to engage in safety inspections were not easy due to administrative searches barriers. A solution to this problem was found when certain principles made by the Supreme Court to the Fourth Amendment help with the outcome. As stated by (Zalman, 2008) “The Supreme Court got around this sticking point by holding that administrative search warrants could be obtained by proving to a court that conditions in an area made inspections necessary”. For example regulatory searches can be conducted by an inspector after permission is granted
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