ABSTRACT

The authority of the executive branch to conduct searches at the international borders of the United States has its roots in the very beginnings of the nation. The de facto reasonableness of a border search has also been justified by the power of a sovereign to protect its territory and to defend itself from outside threats. In addition, courts have also cited practical considerations involving the difficulty of controlling smuggling into the country, specifically noting the ease of concealment of drugs, as a secondary consideration justifying the exception to the Fourth Amendment's probable-cause and warrant requirements. Routine border searches usually subject a person to only a minimal amount of intrusion or indignity. For example, searches of a border entrant's personal effects, including suitcases, purses, and wallets, are deemed routine. Routine border searches may also be conducted at areas deemed to be the "functional equivalent" of an international border.