Do you live in a Constitution Free Zone?

CPT Private RallyPoint Member — Sun, 09 Aug 2015 00:30:10 -0400

The border search exception allows searches and seizures at international ports of entry without a warrant or probable cause. The Obama Administration widened this to include all areas within 100 miles of any U.S. border. This means that the expectation of privacy by those living in these areas is less than those living in interior areas of the U.S.. The Supreme Court has confirmed that there is no First Amendment exception to the border search doctrine. The ACLU has filed suit, stating this is in violation of the Fourth Amendment. Short version to the story is they lost their lawsuit.http://www.gopusa.com/theloft/2014/04/17/are-you-living-in-a-constitution-free-zone/

Are you living in a Constitution Free Zone? - The Loft

It's sad to see what's been happening with our government in recent years. Slowly, but surely, our rights and freedoms are being taken away. We thought our Constitution would protect us. After all, it was written to shield Americans from the abuses of government. But believe it or not, there are places in this country where the Constitution doesn't apply.

Response by Capt Seid Waddell made Aug 9 at 2015 12:44 AM

Capt Seid Waddell — Sun, 09 Aug 2015 00:44:27 -0400

No. I am well away from national borders.

Response by SSgt Alex Robinson made Aug 9 at 2015 1:09 AM

SSgt Alex Robinson — Sun, 09 Aug 2015 01:09:25 -0400

No. I live in a constitution followed zone.

Response by Sgt Aaron Kennedy, MS made Aug 9 at 2015 8:14 AM

Sgt Aaron Kennedy, MS — Sun, 09 Aug 2015 08:14:43 -0400

This isn't exactly true. It's presented in a disingenuous fashion at the very minimum.

First, let's look at the underlying concept, that allows this "principle" as opposed to "doctrine" (which is what the article applies).

A Nation not only MAY, but MUST control it's borders. That's part of what it does as a Nation. Notice how I said Control, and not "Protect." Protecting is another issue, and a subset of that, but we generally understand that. But Controlling our borders includes allowing access to to not only WHO and WHAT we want.

American Citizens MUST be allowed in. However, ITEMS and NON-CITIZENS are at the whim of the government (regulation). As an example, we don't have to let immigrants in. We don't have to import any particular good. If we deem anything to be "detrimental" to the US, we don't have to let it in. As such, we can search things as they enter the US. This is not an exemption to the 4th Amendment, this is a Protection to the Nation.

I know this is counter-intuitive, however, as technology has increases, so has the the "width" of our border. At one point, it was just a couple miles of the Eastern seaboard. As our Nation got bigger, and vehicles got faster, that width got bigger as well. An International Airport is now a "border," and people coming into it are now subject to search.

So the idea is "when entering the US" you are of course subject to search. That's what Customs & Immigration is about. The ACLU does have a point that "perhaps" this is expanding too much. However, have they shown a case where anyone has actually been searched in a "non-entrance" capacity? They are essentially using a slippery slope style argument, which can be valid in some cases, but they have not shown it to be.

Response by SPC Jan Allbright, M.Sc., R.S. made Aug 9 at 2015 9:45 AM

SPC Jan Allbright, M.Sc., R.S. — Sun, 09 Aug 2015 09:45:11 -0400

The "Border search exception" has been around since 2001 and was expanded in 2006.
Good luck with the 4th Amendment fight. It has been established legal doctrine since the Patriot Act.
So this is Obama's fault?

Response by COL Vincent Stoneking made Aug 9 at 2015 10:16 AM

COL Vincent Stoneking — Sun, 09 Aug 2015 10:16:04 -0400

I have always considered this the camel's nose under the tent. Within a few miles of the border, fine. Wherever, with individualized articulable suspicion, fine. I am willing to debate what "a few miles" should be in real miles. But it's somewhere under 50.

And these checkpoints should be limited to "Are you a U.S. Citizen or legal resident? Great, can you show me your ID. [runs check] Have a wonderful day." Any actual search or questioning should only be requested if someone is not a legal resident. And any actual search should only be insisted upon upon articulable reasonable suspicion.

Response by SGT Steve Oakes made Aug 9 at 2015 11:41 AM

SGT Steve Oakes — Sun, 09 Aug 2015 11:41:03 -0400

This is complete Bullshit! I live in Michigan. About half the damn state is one of these zones. This could be a foot-in-the-door moment that will lead to more intrusive violations of citizens rights. 100 Miles in is insane.

Response by SFC Mark Merino made Aug 9 at 2015 5:45 PM

SFC Mark Merino — Sun, 09 Aug 2015 17:45:51 -0400

Try living in Tucson. There are just as many license plates from Mexico as there are American. Drugs, we got them. Human trafficing? We got them. Bodies raped and dumped in all the wadis? We have them too. When I went down to Tombstone a few weeks ago I went through one of these border search traffic control points and no anal cavity search. No being pulled out of my car and getting shot, and the agents treated me with complete respect. The rule of driving around here is that you NEVER make eye contact with a crowded vehicle full of military aged males with Mexican plates. Never use your horn, or get out of the car EVER if you are clipped and you are on the back roads. Never get out of your car if there is more than one person within 2 vehicles length of your ride. These boneheads steal your car using your own keys and by the time you find a cop they are long gone. Car jackings are up a brazillion percent since these turds are switching vehicles to stay ahead of the federalis. Welcome to the new America. I'm sick and tired of living like a hostage in my own country and fearing that my life worth is based on the needs of some illegal felon needing my resources. It is like being in combat again. If you try to raise any awareness of your concerns you have huge groups of people screaming that you are a racist.

Response by CPT Jack Durish made Aug 9 at 2015 7:50 PM

CPT Jack Durish — Sun, 09 Aug 2015 19:50:31 -0400

I don't get it. Seriously, I'm not being facetious. I simply don't get it. What are they looking for? Illegal aliens are welcome, aren't they? The President punishes anyone or any jurisdiction that attempts to enforce the immigration laws that he refuses to enforce, doesn't he? So, what's the point of illegal searches and seizures? Is there some other laws they're attempting to enforce that have nothing to do with border control or immigration, laws that somehow apply to border regions but have nothing to do with borders? Like I said. I don't get it...

Response by SSG Warren Swan made Aug 10 at 2015 9:27 AM

SSG Warren Swan — Mon, 10 Aug 2015 09:27:21 -0400

This was written in a slant against the administration by a right leaning blogger. Can't take this too seriously, but at the same time, it'll be something I'll have to look farther into. SPC Jan Albright hit the nail on the head though.