FlyerTalk Forums - View Single Post - Can US CBP set-up interior immigration checkpoints at airports?
Old Jul 10, 2008 | 6:10 pm
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halls120
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Originally Posted by gfunkdave
An attorney friend tells me it's 5 miles, not 100, and that it applies to "international points of entry", which includes airports.
Your attorney friend needs to brush up on the law.

As to the second factor, proximity to the border, the Government concedes that Defendant was stopped more than 100 miles from the international border. The location where Agent Scrivener initially encountered Defendant was 120 miles from the Mexican border, and Defendant was stopped a few miles north of that point. Congress has authorized border patrol agents to search vehicles “within a reasonable distance from any external boundary of the United States.” 8 U.S.C. § 1357(a)(3). Current regulations interpret “reasonable distance” as 100 air miles from the border. 8 C.F.R. § 287.1(a)(2). *357 The Tenth Circuit has nevertheless held that the regulation does not foreclose searches beyond that limit. See United States v. Leyba, 627 F.2d 1059 (10th Cir.1980) (finding reasonable suspicion justifying stop of vehicle despite fact that stop occurred 124 road miles from border).
U.S. v. Pacheco-Espinosa
121 Fed.Appx. 352
C.A.10 (N.M.),2005.
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