Border Searches in the Age of Terrorism

34 Pages Posted: 26 Feb 2009  

Robert M. Bloom

Boston College Law School

Date Written: February 24, 2009

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.

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

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

Robert M. Bloom (Contact Author)

Boston College Law School ( email )

885 Centre Street
Newton, MA 02459-1163
United States

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