Thanks for the clarification above, but there are still cases where a warrant isn’t needed to search. CBP is allowed to wander around any private property, which makes it easy to cook up an excuse for a warrantless emergency search.
Eg: we believed the evil brown person was inside with a gun because we saw something glint in an obscured window from the back yard. Nobody can argue the legality of this because the guy is already on a plane to another country via accelerated deportation rules.
They can, but the limits of probable cause and the definition of “plain sight” become much more fuzzy when CBP can legally wander almost anywhere (that doesn’t directly house a bed) or search any vehicle. It’s harder for a cop to make those arguments from the sidewalk.
As a federal agency, their procedures also have national security/emergency carve outs. How far the administration can stretch all of this is an open question, but they probably have the tools to argue it. At least that’s my interpretation, but I’m not an immigration lawyer.
That’s only at the border - https://checkyourfact.com/2022/06/29/fact-check-border-agents-home-warrant/
I don’t think anyone can enter your house without a warrant, except in extreme circumstances (belief someone’s life might be in danger, etc.)
I think it used to be, but jurisdiction was expanded under Trump 1. Above guy may be right, regardless of the constitutionality.
It can’t be “regardless of the constitutionality”, as it’s either constitutionaly legal or not. L
But it is illegal. They need a warrant.
Thanks for the clarification above, but there are still cases where a warrant isn’t needed to search. CBP is allowed to wander around any private property, which makes it easy to cook up an excuse for a warrantless emergency search.
Eg: we believed the evil brown person was inside with a gun because we saw something glint in an obscured window from the back yard. Nobody can argue the legality of this because the guy is already on a plane to another country via accelerated deportation rules.
Can’t regular cops do that too? Or do you mean you can’t request CBP leave you’re property?
They can, but the limits of probable cause and the definition of “plain sight” become much more fuzzy when CBP can legally wander almost anywhere (that doesn’t directly house a bed) or search any vehicle. It’s harder for a cop to make those arguments from the sidewalk.
As a federal agency, their procedures also have national security/emergency carve outs. How far the administration can stretch all of this is an open question, but they probably have the tools to argue it. At least that’s my interpretation, but I’m not an immigration lawyer.