U.S. "Constitution-Free Zone"

@someone_else_again Said

Someone visiting my office just mentioned that we live in a "Constitution Free Zone" because we are within 100 miles of the border. I looked just to see if there was any truth to it and this is what I found:


Normally under the Fourth Amendment of the U.S. Constitution, the American people are not generally subject to random and arbitrary stops and searches.
The border, however, has always been an exception. There, the longstanding view is that the normal rules do not apply. For example the authorities do not need a warrant or probable cause to conduct a “routine search.”
But what is “the border”? According to the government, it is a 100-mile wide strip that wraps around the “external boundary” of the United States.
As a result of this claimed authority, individuals who are far away from the border, American citizens traveling from one place in America to another, are being stopped and harassed in ways that our Constitution does not permit.
https://www.aclu.org/technology-and-liberty/fact-sheet-us-constitution-free-zone

I also saw a few scare blogs saying "This should be plastered all over the news but it's not AND it's been going on since 2008!!!!"


Maybe it's just my little brain malfunctioning but if it's been "going on" since 2008 and it's not all over the news already....maybe they're not overstepping their bounds as much as Chicken Little fears.


Thoughts?

@chaski Said

All of Florida is in this zone... which explains a lot....

@someone_else_again Said

There are several entire states in that zone. I'm too geographically inept to name some of them but dang! Where's the outrage? Several states and hundreds of millions of American citizens have been having their Constitutional rights violated for six years now!

Won't somebody please think of the children?!?!?





I'm sorry. I have no idea where that came from.

@jonnythan Said

or these purposes, the ocean coasts aren't really considered within 100 miles of the border. No one in Sacramento is getting stopped by border agents.

It is madness though, absolutely. I've had to pass through border checkpoints returning home from skiing within my own state. I've toyed with the idea of intentionally being a passenger in the car and not having any ID on me just so I could take a case to court.

@chaski Said

Actually no one has had their constitutional rights violated.

This situation does not give local or state authorities the right to execute searches without warrants or probable cause.

It also does not give most federal law enforcement the right to execute searches without warrants or probable cause.

The only areas involved must involve customs, immigration and/or border security.

@chaski Said

Actually no one has had their constitutional rights violated.

This situation does not give local or state authorities the right to execute searches without warrants or probable cause.

It also does not give most federal law enforcement the right to execute searches without warrants or probable cause.

The only areas involved must involve customs, immigration and/or border security.

@someone_else_again Said

Surely you realize I'm being facetious.

@someone_else_again Said

Border checkpoints are one thing. The Chicken Little scenario that I was getting was "We live in a Constitution-Free zone, they can do whatever they want and I'm not being represented by the Constitution so I refuse to pay my taxes."

Yes, he seriously said that.

In regards to your idea, what do you think they would do if you didn't have ID? I've only crossed state borders where they check for produce and never had to identify myself.

@jonnythan Said

"border inspection checkpoint"

@chaski Said



You just answered your own question.

...or within 100 miles of the border.

@jonnythan Said

I've toyed with the idea of intentionally being a passenger in the car and not having any ID on me just so I could take a case to court.

@jonnythan Said

Oh. I didn't know you were joking.

I wasn't. This is absolute bulls***, and I've been on the receiving end of it. It outrages me to no end.

@jonnythan Said

This wasn't a border checkpoint. It's a "border checkpoint" many miles from any actual border. It's like 40 miles away from any border IIRC.

@jonnythan Said

I would have been detained.