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Author: Yule Kim
Publisher: DIANE Publishing
ISBN: 1437920543
Category : Social Science
Languages : en
Pages : 24
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Book Description
The 4th Amend. requires that a search or seizure conducted by a governmental agent be reasonable and supported by probable cause. Few exceptions to the presumptive warrant and probable cause requirements are more firmly rooted than the ¿border search¿ exception. This allows officials to inspect incoming individuals and their belongings and to interdict incoming contraband without having to inform a magistrate before the search. This report first outlines the statutes authorizing certain fed. officers to conduct warrantless searches. It then addresses the scope of the gov¿t. constitutional authority to search and seize persons and property at the border. It also describes the levels of suspicion generally required for each type of border search.
Author: Yule Kim
Publisher: DIANE Publishing
ISBN: 1437920543
Category : Social Science
Languages : en
Pages : 24
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Book Description
The 4th Amend. requires that a search or seizure conducted by a governmental agent be reasonable and supported by probable cause. Few exceptions to the presumptive warrant and probable cause requirements are more firmly rooted than the ¿border search¿ exception. This allows officials to inspect incoming individuals and their belongings and to interdict incoming contraband without having to inform a magistrate before the search. This report first outlines the statutes authorizing certain fed. officers to conduct warrantless searches. It then addresses the scope of the gov¿t. constitutional authority to search and seize persons and property at the border. It also describes the levels of suspicion generally required for each type of border search.
Author:
Publisher:
ISBN:
Category : Border security
Languages : en
Pages : 5
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Book Description
"This policy provides guidance to U.S Customs and Border Protection (CBP) Officers, Border Patrol Agents, Air and Marine Agents, Internal Affairs Agents, and any other official of CBP authorized to conduct border searches (for purposes of this policy, all such officers and agents are hereinafter referred to as 'officers') regarding the border search of information contained in documents and electronic devices. More specifically, this policy sets forth the legal and policy guidelines within which officers may search, review, retain, and share certain information possessed by individuals who are encountered by CBP at the border, functional equivalent of the border, or extended border. This policy governs border search authority only; nothing in this policy limits the authority of CBP to act pursuant to other authorities such as a warrant or a search incident to arrest"--Page [1].
Author: Yule Kim
Publisher:
ISBN:
Category : Border security
Languages : en
Pages : 20
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Book Description
Many border security initiatives were developed after the events of September 11, 2001. Because security initiatives often maintain a search and seizure component, Fourth Amendment implications may arise. The Fourth Amendment establishes that a search or seizure conducted by a governmental agent must be reasonable, and that probable cause support any judicially granted warrant. An invalid "search" is an infringement of an expectation of privacy that society is prepared to consider reasonable. A "seizure" of a person occurs when a government official makes an individual reasonably believe that he or she is not at liberty to ignore the government's presence in view of all the circumstances surrounding the incident. The Court has interpreted the Fourth Amendment to include a presumptive warrant requirement on all searches and seizures conducted by the government, and has ruled that any violations of this standard will result in the suppression of any information derived therefrom. The Court, however, has also recognized situations that render the obtainment of a warrant impractical or against the public's interest, and has accordingly crafted various exceptions to the warrant and probable cause requirements of the Fourth Amendment.
Author: Carlos G. VŽlez-Iba–ez
Publisher: University of Arizona Press
ISBN: 9780816516841
Category : Social Science
Languages : en
Pages : 388
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Book Description
The U.S.-Mexico border region is home to anthropologist Carlos VŽlez-Ib‡–ez. Into these pages he pours nearly half a century of searching and finding answers to the Mexican experience in the southwestern United States. He describes and analyzes the process, as generation upon generation of Mexicans moved north and attempted to create an identity or sense of cultural space and place. In todayÕs border fences he also sees barriers to how Mexicans understand themselves and how they are fundamentally understood. From prehistory to the present, VŽlez-Ib‡–ez traces the intense bumping among Native Americans, Spaniards, and Mexicans, as Mesoamerican populations and ideas moved northward. He demonstrates how cultural glue is constantly replenished by strengthening family ties that reach across both sides of the border. The author describes ways in which Mexicans have resisted and accommodated the dominant culture by creating communities and by forming labor unions, voluntary associations, and cultural movements. He analyzes the distribution of sadness, or overrepresentation of Mexicans in poverty, crime, illness, and war, and shows how that sadness is balanced by creative expressions of literature and art, especially mural art, in the ongoing search for space and place. Here is a book for the nineties and beyond, a book that relates to NAFTA, to complex questions of immigration, and to the expanding population of Mexicans in the U.S.-Mexico border region and other parts of the country. An important new volume for social science, humanities, and Latin American scholars, Border Visions will also attract general readers for its robust narrative and autobiographical edge. For all readers, the book points to new ways of seeing borders, whether they are visible walls of brick and stone or less visible, infinitely more powerful barriers of the mind.
Author:
Publisher:
ISBN:
Category : Foreign trade regulation
Languages : en
Pages : 14
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Book Description
Author: Stephen R. Viña
Publisher:
ISBN:
Category : Border patrols
Languages : en
Pages : 18
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Book Description
Author: Thomas E. Sheridan
Publisher: University of Arizona Press
ISBN: 081654056X
Category : Social Science
Languages : en
Pages : 305
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Book Description
The Border and Its Bodies examines the impact of migration from Central America and México to the United States on the most basic social unit possible: the human body. It explores the terrible toll migration takes on the bodies of migrants—those who cross the border and those who die along the way—and discusses the treatment of those bodies after their remains are discovered in the desert. The increasingly militarized U.S.-México border is an intensely physical place, affecting the bodies of all who encounter it. The essays in this volume explore how crossing becomes embodied in individuals, how that embodiment transcends the crossing of the line, and how it varies depending on subject positions and identity categories, especially race, class, and citizenship. Timely and wide-ranging, this book brings into focus the traumatic and real impact the border can have on those who attempt to cross it, and it offers new perspectives on the effects for rural communities and ranchers. An intimate and profoundly human look at migration, The Border and Its Bodies reminds us of the elemental fact that the border touches us all.
Author: Erin Siegal
Publisher: Cathexis Press, LLC
ISBN: 9780983884507
Category : Family & Relationships
Languages : en
Pages : 317
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Book Description
Siegal's 2009 Master's project as a Fellow at the Stabile Center for Investigative Reporting at Columbia University's Graduate School of Journalism evolved into a complex investigation of Guatemala's multimillion dollar adoption industry.
Author: Larry Cunningham
Publisher:
ISBN:
Category :
Languages : en
Pages : 55
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Book Description
The so-called quot;border search exceptionquot; to the Fourth Amendment permits law enforcement authorities to conduct searches of persons or objects that enter the United States. For routine border searches, the Fourth Amendment does not require any degree of suspicion or a warrant. The Supreme Court has never directly addressed whether this exception applies to exit searches: persons or objects leaving the country. The lower courts have, for the most part, upheld such suspicionless and warrantless searches but their rationales have been divergent and often supported with summary conclusions. Academic critics and a few dissents have argued that the Fourth Amendment prohibits the searching of exiting individuals or property at the border unless the authorities have, at a minimum, some degree of suspicion. They argue that the rationales for the border search exception only support incoming searches. In this article, I will show that routine suspicionless and warrantless searches of exiting individuals and property are inherently quot;reasonablequot; under the Fourth Amendment, but not necessarily for the reasons espoused by a majority of courts. Those that have considered this issue have had an overly narrow view of both the problem and the impact. I will propose a new, global way of conceptualizing the interests of both the government and the individual. In Part I of this article, I will give an overview of the border search exception. In Part II, I will discuss the principal cases applying the border search exception to exit or export searches, as well as the criticisms of these cases. In Part III, I will demonstrate that the rationales for the border search exception, in general, applies to exit searches. In an Appendix, I have included a circuit-by-circuit and state-by-state list of the cases that have considered this issue.
Author: Nene Mburu
Publisher: Red Sea Press(NJ)
ISBN:
Category : History
Languages : en
Pages : 284
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Book Description
