Originally Posted by
Deeg
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.
Before we go too far with this let us agree that there are NO exceptions to the Constitution as any exception would automatically unconstitutional and therefore invalid.
What we have is circumstance based reasonableness. Is it reasonable to search passengers boarding a plane? Yes. Would it be reasonable to search someone walking down the street? No. Ok now on with the show.
Border searches for INCOMING travelers and cargo is not an administrative search but is still subject to the reasonableness clause of the 4th Amendment.
The courts have deemed it reasonable to search incoming travelers and cargo at the border in order to facilitate the right of the Government to protect the country from illegal importation of goods, contraband and people.
EDIT: Disregard the following until I can review the case Deeg posted yesterday.
Outgoing is another story. Do a case search for border searches and you will find no cases upholding outgoing searches, like the one described in this story, as non-administrative searches.