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Border Searches in the Age of Terrorism


Robert M. Bloom


Boston College Law School

February 24, 2009

Mississippi Law Journal, Vol. 78, 2008
Boston College Law School Legal Studies Research Paper No. 175

Abstract:     
This article will first explore the history of border searches. It will look to the reorganization of the border enforcement apparatus resulting from 9/11 as well as the intersection of the Fourth Amendment and border searches generally. Then, it will analyze the Supreme Court's last statement on border searches in the Flores-Montano27 decision, including what impact this decision has had on the lower courts. Finally, the article will focus on Fourth Amendment cases involving terrorism concerns after 9/11, as a means of drawing some conclusions about the effect the emerging emphasis on terrorism and national security concerns will likely have on border searches in this post-9/11 world.

Number of Pages in PDF File: 34

Keywords: personal freedom, individual freedom, national security, United States Border Patrol, Fourth Amendment

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Date posted: February 26, 2009  

Suggested Citation

Bloom, Robert M., Border Searches in the Age of Terrorism (February 24, 2009). Mississippi Law Journal, Vol. 78, 2008; Boston College Law School Legal Studies Research Paper No. 175. Available at SSRN: http://ssrn.com/abstract=1348703

Contact Information

Robert M. Bloom (Contact Author)
Boston College Law School ( email )
885 Centre Street
Newton, MA 02459-1163
United States
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