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Old Jun 12, 2009 | 7:05 am
  #24  
Deeg
 
Join Date: May 2005
Posts: 628
Originally Posted by Trollkiller
Both sides claim that the search was a normal random administrative search. During an administrative search there has to be consent, either active or implied.
Border searches are not an administrative search. And they are not based on consent. They have their own exception to the Fourth Amendment's warrant requirement. The traveler has no choice in the matter. Therefore, I disagree that weapons alone make a border search unreasonable.

Seeing how neither side is claiming a criminal search tells me that the officers did not have good cause to draw weapons.
Not at all. Perhaps one of the officers simply saw what they thought to be a furtive movement. That's enough reason right there.
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