KTL #8 Airport Searches, Border Searches, and Other Exigencies CJC-132-Court Procedure & Evidence

Non-routine Border Searches

A non-routine border search is more invasive than a routine border search and ranges from intensively checking everything in the vehicle to a full body search. Strip, body cavity, and other search techniques such as x-rays can be use in the process of preventing unlawful items from coming into the country so long as reasonable suspicion is involved. If the circumstances surrounding the search give rise to suspicion, officials can hold individuals as well as property for a longer period of time.

Regulated Businesses

Businesses that are regulated because of the type of business, such as outlets for alcohol and weapon sales. These businesses can be searched without warrants and without probable cause because of the nature of the business.

Magnetometers

Magnetometers can be used as metal detectors; they can detect only magnetic metals, but can detect such metals as much larger depth than conventional metal detectors and are used in border and airport searches.

National Security

National security refers to the security of a national state, including its citizens, economy, and institutions, and is a required duty of the government. National security has been upheld by the courts as a compelling state interest that would justify the limitations of a fundamental right of citizens, such as warrantless border or airplane searches.

Destruction of Evidence

One of the exceptions to the search warrant requirement. The court has held that when exigencies of the situation make the needs of law enforcement so compelling that a warrantless search is objectively reasonable under the Fourth Amendment. These include Emergency Aid, Hot Pursuit, and Preventing the Imminent Destruction of Evidence. However, this is closely scrutinized; the court has held that the exigency itself cannot be created or manufactured by the police for the purpose to make the search.

Body Scans

Recent technology that uses x-rays to provide images in graphic anatomical detail for review by Transportation Security Administration. (TSA) employees; they are required of all passengers boarding commercial airlines.

Routine Border Searches and Inspections

Routine searches occur at the border and are minimally invasive. A routine search consists of checking documents, emptying pockets, and checking vehicles and cargo.

Functional Equivalent of Border

The border exception to the warrant and probable cause requirements applies to the U.S. borders and at other locations that are "functional border equivalents." The Supreme Court has never defined a functional border equivalent or set forth the scope of searches it would permit at such locations. The two circuits most closely concerned with these questions have provided quite different answers. The Fifth Circuit has permitted warrantless searches at "distant" border equivalents - those areas where a majority of the traffic through a checkpoint is international. The Ninth Circuit has limited warrantless searches to "virtual" border equivalents - those areas where all but an insignificant portion of the traffic is international.

Exigent Circumstances

These emergency or emergency-like circumstances may provide permission by police to make warrantless entry or warrantless search and seizure because delay may pose as danger to persons or allow destruction of evidence.