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Anonymous
Anonymous asked in Politics & GovernmentLaw Enforcement & Police · 10 years ago

What Section of the law allows immigration (Border Patrol) checkpoints?

I have done a search and really haven't come up with anything.

I found §1228 & §1357 of the USC but am not sure if that is correct.

or

Is there an Immigration law that allows checkpoints?

any help would be greatly appreciated.

1 Answer

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  • Anonymous
    10 years ago
    Favorite Answer

    You need to look a bit harder then. It has been upheld by the Supreme Court:

    U.S. Supreme Court

    UNITED STATES v. MARTINEZ-FUERTE, 428 U.S. 543 (1976)

    428 U.S. 543

    UNITED STATES v. MARTINEZ-FUERTE ET AL.

    CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

    No. 74-1560.

    Argued April 26, 1976

    Decided July 6, 1976*

    MR. JUSTICE POWELL delivered the opinion of the Court.

    These cases involve criminal prosecutions for offenses relating to the transportation of illegal Mexican aliens. Each defendant was arrested at a permanent checkpoint operated by the Border Patrol away from the international border with Mexico, and each sought the exclusion of certain evidence on the ground that the operation of the checkpoint was incompatible with the Fourth Amendment. In each instance whether the Fourth Amendment was violated turns primarily on whether a vehicle may be stopped at a fixed checkpoint for brief questioning of its occupants even though there is no reason to believe the particular vehicle contains illegal aliens. We reserved this question last Term in United States v. Ortiz, 422 U.S. 891, 897 n. 3 (1975). We hold today that such stops are consistent with the Fourth Amendment. We also hold that the operation of a fixed checkpoint need not be authorized in advance by a judicial warrant.

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