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[–] kryptonianCodeMonkey@lemmy.world 2 points 1 day ago* (last edited 1 day ago) (1 child)

The 100 miles extends inward from the exterior border, not around every airport. But every international airport is a port of entry over which they have jurisdiction and can perform warrantless searches. And, in my opinion, warrantless searches for everyone by virtue of simply entering into the country is a violation of the 4th amendment. Which is why it's bullshit and shouldn't be allowed. It can and often is abused, especially when tied to another equally (should be) unconstitutional "law", civil forfeiture, even before the bullshit policies Trump and the SCOTUS have deemed reasonable suspicion for illegal status (i.e. appearing Hispanic, speaking Spanish, displaying a flag from another nation, etc.) I'm aware of the laws, but that doesn't make them just or even constitutional.

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https://www.aclu.org/know-your-rights/border-zone

[–] GoatSynagogue@lemmy.world 1 point 1 day ago (2 children)

They’re not allowed to do warrantless searches.

To do a search they need probable cause, your permission, or a warrant.

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[–] CanIFishHere@lemmy.ca 1 point 16 hours ago

Border agents in an airport absolutely can do warrantless searches.

https://constitution.congress.gov/browse/essay/amdt4-6-6-3/ALDE_00000239/

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[–] kryptonianCodeMonkey@lemmy.world 3 points 1 day ago* (1 child)

Under the border search exception, federal officers may generally conduct routine, warrantless searches of persons and items entering the United States without reasonable suspicion or probable cause of unlawful activity. However, stops and searches conducted in areas farther from the border may require at least heightened suspicion or probable cause of unlawful activity to withstand Fourth Amendment scrutiny.

They can do warrantless searches. Just not within the entire 100 mile border. A fair distinction, but they definitely can at the border and ports of entry, and do so routinely.

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[–] GoatSynagogue@lemmy.world 1 point 1 day ago (1 child)

Yeh that’s very different to saying they can in the whole 100mil area.

At an airport or actual border crossing yeah, I can understand that. They’d only be doing it when they have a big suspicion of something, at least you’d hope. According to them it’s like 0.01% of people a year.

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[–] kryptonianCodeMonkey@lemmy.world 2 points 1 day ago (1 child)

They’d only be doing it when they have a big suspicion of something, at least you’d hope.

Nope. They often do it entirely randomly. I've seen videos of them pulling over multiple vehicles to be searched simultaneously at a crossing before.

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[–] GoatSynagogue@lemmy.world 0 points 19 hours ago

Oh I was more talking about the mobile phone checking then just a physical search of a car. Random car searches make sense as a deterrent.

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[–] GoatSynagogue@lemmy.world 1 point 1 day ago (1 child)

Yeah it’s like having never had a single sip of alcohol but doing a u-turn and driving off when you see police doing mobile breathalysers. It looks suspicious as fuck, and the police will treat it as such until they’ve investigated and found you didn’t do anything wrong. You’re basically giving them “probably cause”.

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[–] kryptonianCodeMonkey@lemmy.world 4 points 1 day ago* (last edited 15 hours ago)

You mean probable cause, not "probably cause". And what you described, evading a sobriety checkpoint, gives them reasonable suspicion, not probable cause. Reasonable suspicion amounts to articulable facts of observation that reasonably lead them to suspect you may be committing/have committed/were about to commit a crime (like apparently fleeing from a police breathalyzer check). It grants them the power to detain you for a reasonable time for the purposes of investigating to confirm or assuage their suspicion.

Probable cause requires actual evidence that a specific crime has been committed, that you committed it, and that evidence is secured. It is the standard needed to A) arrest you or issue a warrant for your arrest, and B) issue a search warrant for your property if evidence connects it to the crime in question in order to gather more evidence. (Note: They may do an inventory search of your person if arrested, and an inventory search of your vehicle if towed due to your arrest. This is limited in scope. A full search requires a warrant.)

Reasonable suspicion is a much lower standard than probable cause.