34 Pages Posted: 26 Feb 2009
Date Written: February 24, 2009
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.
Keywords: personal freedom, individual freedom, national security, United States Border Patrol, Fourth Amendment
Suggested Citation: 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: https://ssrn.com/abstract=1348703