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The "Extended Border Search Doctrine"

The "Extended Border Search Doctrine:"

While a search at the International border or the "functional equivalent of a border" (see above), done under authority of 19 U.S.C. § 1582, does not require any suspicion to justify, a search under the "extended border search doctrine," done upon containers that have already been imported and are searched "wherever found," are authorized by 19 U.S.C. § 482, and require the presence of a "reasonable cause to suspect" (i.e., a "reasonable suspicion"), to be lawful.  (United States v. Ramsey (1977) 431 U.S. 606, 612-613 [52 L.Ed.2nd 617]; United States v. Taghizadeh (9th Cir. 1994) 41 F.3rd 1263, 1265; United States v. Cardona (9th Cir. 1985) 769 F.2nd 625, 627; United States v. Sahanaja (9th Cir. 2005) 430 F.3rd 1049.)

This rule applies to packages that are being sent from the United States to a foreign country, even thought it has not yet left the country, at least where it has been put into the hands of the mail service and is "all but certain" that it will be leaving the country.  (Alexander v. United States (9th Cir. 1966) 362 F.2nd 379, 382.)

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<- Previous Page
The Functional Equivalent of a Border
^- Up One Level
Chapter 14: Border Searches:
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Immigration Checkpoints, Away from the Border