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The border search exception is a doctrine of United States criminal law that allows searches and seizures at international borders and their functional equivalent without a warrant or probable cause. This doctrine is not actually an exception to the Fourth Amendment, but rather to the Amendment's requirement for a warrant or probable cause.〔〔''Carroll v. United States''〕 Balanced against the sovereign's interests at the border are the Fourth Amendment rights of entrants. Not only is the expectation of privacy less at the border than in the interior,〔〔''Florida v. Royer''〕 the Fourth Amendment balance between the interests of the Government and the privacy right of the individual is also struck much more favorably to the Government at the border.〔(Almeida-Sanchez v. United States, 413 US 266 - Supreme Court 1973 )〕 This balance at international borders means that routine searches are "reasonable" there, and therefore do not violate the Fourth Amendment's proscription against "unreasonable searches and seizures". Despite federal law allowing certain federal agents to conduct search and seizures within 100 miles of the border into the interior of the United States,〔§ 287 (a) (3) of the Immigration and Nationality Act, 66 Stat. 233, , which provides for warrantless searches of automobiles and other conveyances "within a reasonable distance from any external boundary of the United States," as authorized by regulations to be promulgated by the Attorney General. The Attorney General's regulation, 8 CFR § 287.1, defines "reasonable distance" as "within 100 air miles from any external boundary of the United States."〕 the Supreme Court has clearly and repeatedly confirmed that the border search exception applies only at international borders and their functional equivalent (such as international airports).〔(citing ''United States v. Martinez-Fuerte'', 428 U.S. 543, 562-563(1976)) The U.S. Customs and Border Protection (CBP) officers, U.S. Immigration and Customs Enforcement Special Agents, and U.S. Coast Guard officers (E4 grade and above) who are all customs officers (those tasked with enforcing Title 19 of the United States Code) with the U.S. Department of Homeland Security, are permitted to search travelers and their belongings at the American border without probable cause or a warrant.〔Although it has been claimed "These searches are therefore exempted from the Fourth Amendment warrant requirement" (emphasis added), federal law never supersedes the U.S. Constitution as interpreted by the U.S. Supreme Court. Such federal law is enforceable only to the extent that its application does not conflict with the U.S. Constitution.〕 Pursuant to this authority, customs officers may generally stop and search the property of any traveler entering or exiting the United States at random, or even based largely on ethnic profiles.〔''United States v. Montoya de Hernandez'', 473 U.S. 531, 538 (1985) ("travelers may be stopped (searched ) at . . . the border without individualized suspicion.") (citing ''United States v. Martinez-Fuerte'', 428 U.S. 543, 562-563(1976))〕 == Property searches == At the border, customs officers are authorized to search all travelers' closed containers without any level of suspicion.〔''See Flores-Montano'', 541 U.S. at 152-53; ''Montoya de Hernandez'', 473 U.S. at 538.〕 This authority extends to all physical containers, regardless of size or the possible presence of personal, confidential or embarrassing materials. Pursuant to this authority, Customs may also open and search incoming international mail.〔''See'' 19 U.S.C. § 482; ''United States v. Ramsey'', 431 U.S. 606 (1977)''〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Border search exception」の詳細全文を読む スポンサード リンク
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