Possible Problems at the San Clemente Checkpoint
6 Va. J. Crim. L. 43 (2018)
50 Pages Posted: 17 Feb 2018
Date Written: 2018
This Article explores the U.S. Border Patrol’s administration of its interior checkpoint program at the southwest border. It examines the disparities between vehicle stops as originally approved in United States v. Martinez-Fuerte and the program as implemented today. Accusations persist that the Border Patrol runs these checkpoints as indiscriminate dragnets to advance general crime control interests. Moreover, prosecutorial strategies in cases such as United States v. Soto-Zuniga, a checkpoint conviction that was remanded by the Ninth Circuit and then quickly dismissed by the U.S. Attorney’s Office, present other potential concerns: is the government using the San Clemente checkpoint as a cover for engaging in a secretive and arguably unlawful practice known as parallel construction?
Current calls for immigration overhaul and promises to “build a wall” focus on exterior geographic boundaries. This Article redirects that national conversation inward, toward possible corruption within our interior immigration checkpoints.
Keywords: Border Patrol, Immigration, Checkpoint, Interior Checkpoints, Fourth Amendment, Parallel Construction, Martinez-Fuerte, Soto-Zuniga, Suspicionless, Search and Seizure, Criminal Procedure, National Security, Border Security, San Clemente Checkpoint
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