Download or read book Protecting the U S Perimeter written by Yule Kim and published by DIANE Publishing. This book was released on 2010-11 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 4th Amend. requires that a search or seizure conducted by a governmental agent be reasonable and supported by probable cause. Few exceptions to the presumptive warrant and probable cause requirements are more firmly rooted than the ¿border search¿ exception. This allows officials to inspect incoming individuals and their belongings and to interdict incoming contraband without having to inform a magistrate before the search. This report first outlines the statutes authorizing certain fed. officers to conduct warrantless searches. It then addresses the scope of the gov¿t. constitutional authority to search and seize persons and property at the border. It also describes the levels of suspicion generally required for each type of border search.
Download or read book Policy Regarding Border Search of Information written by and published by . This book was released on 2008 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This policy provides guidance to U.S Customs and Border Protection (CBP) Officers, Border Patrol Agents, Air and Marine Agents, Internal Affairs Agents, and any other official of CBP authorized to conduct border searches (for purposes of this policy, all such officers and agents are hereinafter referred to as 'officers') regarding the border search of information contained in documents and electronic devices. More specifically, this policy sets forth the legal and policy guidelines within which officers may search, review, retain, and share certain information possessed by individuals who are encountered by CBP at the border, functional equivalent of the border, or extended border. This policy governs border search authority only; nothing in this policy limits the authority of CBP to act pursuant to other authorities such as a warrant or a search incident to arrest"--Page [1].
Download or read book Protecting the U S Perimeter written by Yule Kim and published by . This book was released on 2008 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many border security initiatives were developed after the events of September 11, 2001. Because security initiatives often maintain a search and seizure component, Fourth Amendment implications may arise. The Fourth Amendment establishes that a search or seizure conducted by a governmental agent must be reasonable, and that probable cause support any judicially granted warrant. An invalid "search" is an infringement of an expectation of privacy that society is prepared to consider reasonable. A "seizure" of a person occurs when a government official makes an individual reasonably believe that he or she is not at liberty to ignore the government's presence in view of all the circumstances surrounding the incident. The Court has interpreted the Fourth Amendment to include a presumptive warrant requirement on all searches and seizures conducted by the government, and has ruled that any violations of this standard will result in the suppression of any information derived therefrom. The Court, however, has also recognized situations that render the obtainment of a warrant impractical or against the public's interest, and has accordingly crafted various exceptions to the warrant and probable cause requirements of the Fourth Amendment.
Download or read book Border Visions written by Carlos G. VŽlez-Iba–ez and published by University of Arizona Press. This book was released on 1996-11 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S.-Mexico border region is home to anthropologist Carlos VŽlez-Ib‡–ez. Into these pages he pours nearly half a century of searching and finding answers to the Mexican experience in the southwestern United States. He describes and analyzes the process, as generation upon generation of Mexicans moved north and attempted to create an identity or sense of cultural space and place. In todayÕs border fences he also sees barriers to how Mexicans understand themselves and how they are fundamentally understood. From prehistory to the present, VŽlez-Ib‡–ez traces the intense bumping among Native Americans, Spaniards, and Mexicans, as Mesoamerican populations and ideas moved northward. He demonstrates how cultural glue is constantly replenished by strengthening family ties that reach across both sides of the border. The author describes ways in which Mexicans have resisted and accommodated the dominant culture by creating communities and by forming labor unions, voluntary associations, and cultural movements. He analyzes the distribution of sadness, or overrepresentation of Mexicans in poverty, crime, illness, and war, and shows how that sadness is balanced by creative expressions of literature and art, especially mural art, in the ongoing search for space and place. Here is a book for the nineties and beyond, a book that relates to NAFTA, to complex questions of immigration, and to the expanding population of Mexicans in the U.S.-Mexico border region and other parts of the country. An important new volume for social science, humanities, and Latin American scholars, Border Visions will also attract general readers for its robust narrative and autobiographical edge. For all readers, the book points to new ways of seeing borders, whether they are visible walls of brick and stone or less visible, infinitely more powerful barriers of the mind.
Download or read book Protecting Our Perimeter written by Stephen R. Viña and published by . This book was released on 2005 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bandits on the Border written by Nene Mburu and published by Red Sea Press(NJ). This book was released on 2005 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Border Search Exception as Applied to Exit and Export Searches written by Larry Cunningham and published by . This book was released on 2008 with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt: The so-called quot;border search exceptionquot; to the Fourth Amendment permits law enforcement authorities to conduct searches of persons or objects that enter the United States. For routine border searches, the Fourth Amendment does not require any degree of suspicion or a warrant. The Supreme Court has never directly addressed whether this exception applies to exit searches: persons or objects leaving the country. The lower courts have, for the most part, upheld such suspicionless and warrantless searches but their rationales have been divergent and often supported with summary conclusions. Academic critics and a few dissents have argued that the Fourth Amendment prohibits the searching of exiting individuals or property at the border unless the authorities have, at a minimum, some degree of suspicion. They argue that the rationales for the border search exception only support incoming searches. In this article, I will show that routine suspicionless and warrantless searches of exiting individuals and property are inherently quot;reasonablequot; under the Fourth Amendment, but not necessarily for the reasons espoused by a majority of courts. Those that have considered this issue have had an overly narrow view of both the problem and the impact. I will propose a new, global way of conceptualizing the interests of both the government and the individual. In Part I of this article, I will give an overview of the border search exception. In Part II, I will discuss the principal cases applying the border search exception to exit or export searches, as well as the criticisms of these cases. In Part III, I will demonstrate that the rationales for the border search exception, in general, applies to exit searches. In an Appendix, I have included a circuit-by-circuit and state-by-state list of the cases that have considered this issue.
Download or read book The Border and Its Bodies written by Thomas E. Sheridan and published by University of Arizona Press. This book was released on 2019-11-12 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Border and Its Bodies examines the impact of migration from Central America and México to the United States on the most basic social unit possible: the human body. It explores the terrible toll migration takes on the bodies of migrants—those who cross the border and those who die along the way—and discusses the treatment of those bodies after their remains are discovered in the desert. The increasingly militarized U.S.-México border is an intensely physical place, affecting the bodies of all who encounter it. The essays in this volume explore how crossing becomes embodied in individuals, how that embodiment transcends the crossing of the line, and how it varies depending on subject positions and identity categories, especially race, class, and citizenship. Timely and wide-ranging, this book brings into focus the traumatic and real impact the border can have on those who attempt to cross it, and it offers new perspectives on the effects for rural communities and ranchers. An intimate and profoundly human look at migration, The Border and Its Bodies reminds us of the elemental fact that the border touches us all.
Download or read book Non border Search and Seizure written by John Thomas Tiltti and published by . This book was released on 1978 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Marking of Country of Origin on U S Imports written by and published by . This book was released on 1997 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Security at the Borders written by Philippe M. Frowd and published by . This book was released on 2018-07-05 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philippe M. Frowd shows how tightening border security in West Africa is a statebuilding practice, underpinned by international and local security officials and technologies.
Download or read book The Fourth Amendment written by William John Cuddihy and published by Oxford University Press, USA. This book was released on 2009 with total page 940 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Fourth Amendment's protection against unreasonable search and seizure provides the bulwark for police regulation and many other government functions in the United States. This book tells the full story of its complex lineage, including its intellectual roots in England.
Download or read book Blockading the Border and Human Rights written by Timothy J. Dunn and published by University of Texas Press. This book was released on 2009-05-01 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: To understand border enforcement and the shape it has taken, it is imperative to examine a groundbreaking Border Patrol operation begun in 1993 in El Paso, Texas, "Operation Blockade." The El Paso Border Patrol designed and implemented this radical new strategy, posting 400 agents directly on the banks of the Rio Grande in highly visible positions to deter unauthorized border crossings into the urban areas of El Paso from neighboring Ciudad Juárez--a marked departure from the traditional strategy of apprehending unauthorized crossers after entry. This approach, of "prevention through deterrence," became the foundation of the 1994 and 2004 National Border Patrol Strategies for the Southern Border. Politically popular overall, it has rendered unauthorized border crossing far less visible in many key urban areas. However, the real effectiveness of the strategy is debatable, at best. Its implementation has also led to a sharp rise in the number of deaths of unauthorized border crossers. Here, Dunn examines the paradigm-changing Operation Blockade and related border enforcement efforts in the El Paso region in great detail, as well as the local social and political situation that spawned the approach and has shaped it since. Dunn particularly spotlights the human rights abuses and enforcement excesses inflicted on local Mexican Americans and Mexican immigrants as well as the challenges to those abuses. Throughout the book, Dunn filters his research and fieldwork through two competing lenses, human rights versus the rights of national sovereignty and citizenship.
Download or read book Environmental Border Tax Adjustments and International Trade Law written by Alice Pirlot and published by Edward Elgar Publishing. This book was released on 2017-10-27 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book brings clarity to the debate on the new legal phenomenon of environmental border tax adjustments. It will help form a better understanding of the role and limits these taxes have on environmental policies in combating global environmental challenges, such as climate change.
Download or read book Finding Fernanda written by Erin Siegal and published by Beacon Press. This book was released on 2012-05-15 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dramatic story of how an American housewife discovered that the Guatemalan child she was about to adopt had been stolen from her birth mother Over the last decade, nearly 200,000 children have been adopted into the United States, 25,000 of whom came from Guatemala. Finding Fernanda, a dramatic true story paired with investigative reporting, tells the side-by-side tales of an American woman who adopted a two-year-old girl from Guatemala and the birth mother whose two children were stolen from her. Each woman gradually comes to realize her role in what was one of Guatemala’s most profitable black-market industries: the buying and selling of children for international adoption. Finding Fernanda is an overdue, unprecedented look at adoption corruption—and a poignant, riveting human story about the power of hope, faith, and determination.
Download or read book Run for the Border written by Ambassador Nathan A. Sales and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should customs officers be able to search laptop computers at international borders the same way they inspect suitcases and packages? This short article - prepared for the Richmond Law Review's 2009 Allen Chair Symposium - argues that suspicionless border searches of laptops and other electronic storage devices generally are permissible under the Fourth Amendment. It begins by surveying the competing interests that are implicated by laptop searches at the border, including the government's need to combat terrorism and child exploitation, as well as travelers' interests in privacy and free expression. Next, the article discusses the Supreme Court's border-search doctrine. "Non-routine" border searches (e.g., invasive searches of the body) are subject to the reasonable-suspicion standard, but "routine" searches (e.g., searches of property) need not be based on any individualized suspicion at all. The article then considers how the border-search doctrine might apply to laptops. Lower courts generally hold that customs can inspect laptops without reasonable suspicion, and this consensus is essentially correct. To be sure, laptops differ from other kinds of property: They contain a greater volume of material, the data they store is intensely personal, and digital searches can leave a permanent copy of the data in the government's hands. But those differences generally do not justify a special exception to the border-search doctrine. In fact, laptop searches have the potential to be less, not more, intrusive than traditional border inspections of physical objects. Finally, the article discusses possible legislative or administrative reforms that might better balance travelers' interests against the government's needs. It might be appropriate to protect laptop owners' privacy interests at the border, not through traditional "collection limits" (which restrict the government's ability to gather information in the first place), but with "use limits" (which restrict the government's ability to share or otherwise employ the information it does gather).
Download or read book Protecting Our Perimeter written by and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
