• jordanlund@lemmy.worldM
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      8 days ago

      Border patrol is of the opinion that they can operate within 100 miles of any border, which includes the coastline and international airports.

          • Zachariah@lemmy.world
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            8 days ago

            this is proof that the Supreme Court is a joke

            there’s no way this practice is constitutional

            • jordanlund@lemmy.worldM
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              8 days ago

              TBH, I don’t know that it has even come up to the court.

              https://ballsandstrikes.org/legal-culture/border-patrol-100-mile-zone-explainer/

              100 mile zone was created by Congress in 1946.

              Roll forward to 1973:

              "In 1973, a divided 5-4 Court planted the first landmine for the demolition of the Fourth Amendment in Almeida-Sanchez v. United States. The case, at first blush, sounds good: In it, the Court held that immigration officers searching a car for undocumented people without a warrant or probable cause was unconstitutional. But in a concurrence, Justice Lewis Powell suggested treating the areas around the border differently from the rest of the country. Searches near the border, he wrote, “draw a large measure of justification from the Government’s extraordinary responsibilities and powers with respect to the border.” Thus, he suggested that something analogous to an “area warrant,” which judges issue to city officials to conduct housing code inspections in residential areas, could suspend the need for individualized probable cause within the 100-mile zone. "