ABSTRACT

Protecting the integrity of the border is an important sovereign interest, and roadblocks to advance that interest are constitutional. A roadblock is a form of seizure, even if it results in nothing more than a brief stop. That action in itself interferes with freedom of movement and as raises civil liberties issues under the Fourth Amendment to the US Constitution. Under the Fourth Amendment, people are protected against "unreasonable searches and seizures." Under the Fourth Amendment, the government may seize someone or something only if it is reasonable to do so. Courts ordinarily determine whether roadblock seizures are reasonable by balancing the government's interest against the intrusion on individual liberty and by considering the purpose of the roadblock. A roadblock's purpose usually must be something other than the mere advancement of a general interest in crime control. Protecting the integrity of the border is an important sovereign interest, and roadblocks to advance that interest are constitutional.