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San Diego Border Search
Border searches could be done beyond the international border or its functional equivalent. The extended border search may still be used as a warrantless search. The Fifth Circuit has outlined a three factor test to determine the legitimacy of the extended border search: (1) there must be a showing of certainty or a high degree of probability that border crossing has occurred; (2) there must be a showing of reasonable certainty that no change in the condition of the person or vehicle being inspected occurred from the time of the border crossing until the time of the search and that the contraband was present when the person or vehicle crossed the border; and (3) there must be a showing of a reasonable suspicion that criminal activity was occurring. United States v. Espinoza-Seanez, 862 F.2d 526 (5th Cir. 1988).
The Courts are reluctant to give agents the flexibility in an extended border as compared to the international border. In United States v. Seljan, the 9th Circuit Court stated that the extended border searches cannot be “unreasonably intrusive.” United Statesv. Seljan, 547 F.3d 993, 1002-03 (9th Cir. 2008). At minimum, there needs to be reasonable suspicion to conduct an extended border search.
If you have questions about a warrantless border search in San Diego contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063 or visit Criminal Border Search Attorney
