Others push back on the 100-mile-zone framing
5 Sep 18 5:16 PM · 5d ago · 8 comments · 1 source · development 5 of 6
A commenter argued the border search exception applies narrowly to actual border crossings and does not grant broad search authority throughout the 100-mile enforcement zone, correcting a widespread misreading in the thread.
“The border search exemption only applies when someone is actually crossing a border, and it does grant broad authority to search whatever they're carrying with them at the time.”
Zak, HN commenter · hn ↗2nd U.S. Circuit Court of Appeals Federal appeals courtU.S. Customs and Border Protection Federal agency conducting border searchesTrump administration Executive branch overseeing border enforcement
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What people said 8 voices · verbatim
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> It is insane to me that judges consistently rule that the constitution doesn't apply because there's a "border" within 100 miles.People keep misconstruing this.The border search exemption only applies when someone is actually crossing a border, and it does grant broad authority to search whatever they're carrying with them at the time. The…
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I mean... yea we also have some shaky interpretations of the 1st amendment (see especially, assembly), 2nd, 5th (e.g. the incredible pressure for plea bargaining), 6th (which, paradoxically, is a major reason for aforementioned pressure on plea bargaining, so I kinda get it), 8th given how bad some prisons are, arguably 10th (even if I am…
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We gave the government the ability to police itself and there's no punishments for poor rulings.The structure of the Supreme Court is foolish. It made sense initially, having the people who drafted the constitution adjudicate it. But I think it would be better to drop SCOTUS all together, letting the Federal courts sort out their disagreements via…
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If you torture the US constitution enough it will eventually confess.There are a lot of issues that fail the constitutional grep test yet somehow they are deemed (un)constitutional. The constitution was written to protect the people and states from the overly zealous congress. Not to fix the situation in which the congress is so dysfunctional that…
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The word "unreasonable" leaves the entire thing up to interpretation. Is it "reasonable" to search a traveler's phone with no indication of any wrongdoing? You'd probably say no. I'd say no. The courts say yes. Neither answer is objectively right or wrong according to this text.
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Proximity to borders leaves the government the possibility that if it really, really wanted to search a property, they'd just have to cede some land in a 100mile radius to a foreign country and instantly create an international border wherever they need one.
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Do constitutional rights apply to non-citizens? I always thought the constitution of the USA was for USA citizens, but then I'm not from the USA and am watching all this from very far away.
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Also crazy that lake michigan counts as the border, despite being entirely in the US, so you could be minding your business in Fort Wayne, Indiana and have your phone searched for no reason.
All 6 developments of 2nd Circuit upholds warrantless phone searches by border… →
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