Why is it ok for the Border Patrol to setup a stop check point 30 to 50 miles inside the borders of the US?

Isn't that unconstitutional?

Update:

On the 5 Freeway going north near Oceanside is a perminatly established border patrol check point that I was made to stop at before continuing down the freeway. They also use the checkpoint for police checks sometimes as well, but mostly border patrol stops.

4 Answers

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  • Robert
    Lv 5
    6 years ago
    Best Answer

    No, it is not unconstitutional. The 4th amendment does not prohibit all searches and seizures. It only prohibits unreasonable ones. ...So who decides what's reasonable and what's not? According to the constitution, the judiciary does. Under the constitution, the United States Supreme Court is bears the ultimate responsibility of determining the constitutionality of immigration checkpoints and they have determined that it is reasonable for the Border Patrol to conduct checkpoint operations within their jurisdiction of 100 air miles of our international borders. In US vs Martinez-Fuerte the court decided 7 to 2 that immigration checkpoints are constitutional.

    http://en.wikipedia.org/wiki/United_States_v._Mart...

  • Anonymous
    6 years ago

    The United States Border Patrol operates 71 traffic checkpoints, including 32 permanent traffic checkpoints, near the southern border of the United States. The primary purpose of these inspection stations is to deter illegal immigration and smuggling activities. After 9/11 they apparently took on the additional role of terrorism deterrence. These checkpoints are located between 25 and 75 miles of the Mexico – United States border along major U.S. highways. Their situation at interior locations allow them to deter illegal activities that may have bypassed official border crossings along the frontier. The checkpoints are divided among nine Border Patrol sectors.

    There are a number of Border Patrol checkpoints in the northern states (such as New York or Maine), within 100 miles from the Canadian border

    the Supreme Court held that Border Patrol agents on roving patrol may stop a vehicle only if they have reasonable suspicion that the vehicle contains aliens who may be illegally in the United States—a higher threshold for stopping and questioning motorists than at checkpoints

  • 6 years ago

    To protect us from foreign invasion. Most of us don't mind since we care about protecting our country from the aliens. My boyfriend and I were driving a semi near the border when stopped. Imagine how easy it would be to fill a truck with invaders who walked across a border and were picked a mile or so inside then distributed to a nearby city.

    Check points are the price we pay to try to catch them before they disperse since we can't build a fence across the entire Canadian or Mexican borders.

  • Anonymous
    6 years ago

    No, it isn't.

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