Forum Discussion
lakeside013104
Mar 28, 2017Explorer
The Texan wrote:
They have jurisdiction nationwide and within 100 miles of the border you have NO constitutional rights to refuse to answer or refuse to allow a search, withOUT PC.
The above statement is not accurate.
At the border, or the functional equivalent of the border, Probable Cause IS required for Border Officers to complete a border search or border seizure. The level of PC required is called: Mere Suspicion, which on the 4th Amendment level of Suspicions in order to gain PC, is at the lower end of the suspicion requirements. "Mere" is what it means, "very little".
To clarify: PC is required for a Border search. "Very little" or "Mere" suspicion by the inspection Officer qualifies as PC at the border. 4th Amendment law, with regards to Border search authority, allows the inspecting Officer considerable discretion.
Lakeside
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