Ports of Entry

Ports of Entry.  Warrant Exception.  At the border or its “functional equivalent,” routine searches do not require a warrant or any evidentiary basis (no probable cause, no reasonable suspicion) (Ramsey; Flores-Montano), although extended detention requires at least reasonable suspicion of criminal activity (Montoya de Hernandez). o Reaffirms the government’s broad authority to conduct border searches without suspicion or warrant; there is a reduced expectation of privacy for vehicles at the border and the government’s significant interest in border security (FloresMontano). o Customs officials may search international mail entering the U.S. without a warrant if there is a reasonable cause to suspect a violation of customs laws. The reasonableness of border searches is established by the fact that they occur at the border, a principle deeply rooted in the history and tradition of sovereign authority to relegate the entry of persons and property in the country (Ramsey). Decision underscores the importance of national security and customs enforcement at the borders (balancing act that can be seen later between privacy rights and government interests at the border). o The Fourth Amendment’s balance of reasonableness is qualitatively different at the international border, allowing routine searches and seizures without probable cause or a warrant, and the level of suspicion required for non-routine searches such as alimentary canal smuggling is reasonable suspicion (Montoya de Hernandez). Establishes that the level or suspicion required for non-routine border searches is reasonable suspicion .  “Away from the border,” border officials may stop a vehicle at a fixed checkpoint and briefly questioned occupants regarding citizenship without individualized reasonable suspicion (MartinezFuerte). o Routine stops for brief questioning at permanent checkpoints are consistent with the Fourth Amendment and do not require individualized suspicion or a warrant, even if such referrals are made largely on the basis of race or ethnicity (Martinez-Fuerte). Court is prioritizing the enforcement of immigration laws over the privacy interests of individuals.